Popko

United States v. Popko

Good Law
211 F. App'x 660
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 06-30251California339 words

Opinion

Lead Opinion

MEMORANDUM **

Mikhail Popko appeals from the 24-month sentence imposed following his guilty-plea conviction for possession of stolen firearms in violation of 18 U.S.C. § 922 (5). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Popko contends that his sentence is unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), because the district court improperly departed upward based on his criminal history, and because his sentence was similar to the sentence imposed on his co-defendant, whose criminal history was much more extensive. However, the record reflects that “the district court imposed a sentence outside of the Guidelines based upon consideration of § 3553(a) factors that the district court believed had not been adequately taken account of by the Guidelines calculation.” United States v. Mix, 457 F.3d 906, 911-12 (9th Cir.2006). While Popko’s sentence was similar to his co-defendant’s, the district court gave thoughtful and individualized attention to factors recognized in § 3553(a) and “exercised sound discretion to ensure that the punishment fit the crime and the circumstances of the [defendant].” See United…

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