Stump

United States v. Stump

Good Law
319 F. App'x 550
United States Court of Appeals for the Ninth CircuitMarch 12, 2009No. 08-30100California670 words

Opinion

Lead Opinion

MEMORANDUM **

Tyler Reed Stump (“Stump”) appeals his 55-month sentence imposed following his guilty plea to conspiracy to possess marijuana with intent to distribute in a public housing facility in violation of 21 U.S.C. § 846 , and distribution of marijuana to a person under the age of 21 in violation of 21 U.S.C. § 859 . Because the parties are familiar with the factual and procedural history of this case, we do not recount it in detail here. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s interpretation of the Sentencing Guidelines (the “Guidelines”) de novo, the district court’s application of the Guidelines to the facts of this case for abuse of discretion, and the district court’s factual findings for clear error. United States v. Dallman, 533 F.3d 755, 760 (9th Cir.2008). Whether a defendant is a “minor” participant in the criminal activity is a factual determination subject to the clearly erroneous standard. United States v. Sanchez, 908 F.2d 1443, 1448-49 (9th Cir.1990). This court reviews the substantive reasonableness of the sentence for abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en…

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