Galloway

United States v. Galloway

Good Law
334 F. App'x 829
United States Court of Appeals for the Ninth CircuitJune 10, 2009No. 08-30141California654 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Michael Galloway contests his 188-month sentence for being a felon in possession of a firearm and possession of an unregistered firearm. Galloway had previously been sentenced to 235 months in prison as an armed career criminal, but the Ninth Circuit vacated that sentence in light of United States v. Grisel, 488 F.3d 844 (9th Cir.2007) (en banc). On resen-tencing, the district court adopted the findings of an amended presentence report (“PSR”), and sentenced him to 188 months. In this appeal, Galloway gives various reasons that his sentence should be vacated. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

First, Galloway contends that the sentencing court committed procedural errors in the resentencing process. Specifically, he contends that the court failed to make the necessary factual findings to support certain enhancements, and that the court failed to explain adequately its chosen sentence. Both these arguments fail. While the district court did not make a specific factual finding, it adopted the facts as set out in the amended PSR. Such an adoption is sufficient to support application of the enhancements. United States v. Hanoum, 33…

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