Morrison

MEMORANDUM *

An indictment charged Appellant Orville David Morrison with Second Degree Murder (Count I), Use of a Firearm During a Crime of Violence (Count II), and being a Felon in Possession of a Firearm (Count III). Morrison pled guilty to Count III. After deliberating on Count I, a jury found Morrison guilty of the lesser offense of voluntary manslaughter. The jury found Morrison guilty as to Count II.

Citing § 4A1.3 of the United States Sentencing Guidelines (“Guidelines” or “U.S.S.G.”), the district court departed upward and imposed a 240-month sentence. Morrison argues that the district court erred because U.S.S.G. § 4A1.3 is inapplicable to his case. Morrison also argues that his sentence is unreasonable.

We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s interpretation of the Guidelines, its application of the Guidelines to the facts of the case for abuse of discretion, and its factual findings for clear error. See United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir.2005). We affirm the district court’s application of U.S.S.G. § 4A1.3 and its imposition of a 240-month sentence.

The district court did not err when it concluded that…