Winishut

MEMORANDUM *

The government appeals, arguing that the district court committed clear error when it found that defendant Joseph Winishut exhibited exceptional remorse and rehabilitation, and that Winishut’s ultimate sentence was unreasonable. Winishut cross-appeals, arguing that the government ignored its duty to advocate for a sentence conforming to the law. We affirm.

We review the district court’s factual findings for clear error. See United States v. Menyweather, 447 F.3d 625, 630 (9th Cir.2006) (quoting United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir.2005)). That standard is significantly deferential, requiring a “definite and firm conviction that a mistake has been committed” before overturning factual findings. Easley v. Cromartie, 532 U.S. 234 , 242, 121 S.Ct. 1452 , 149 L.Ed.2d 430 (2001). We review Winishut’s ultimate sentence for reasonableness. United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006). The district court found that Winishut’s post-offense rehabilitative effort was extraordinary, as was his level of remorse. Those findings were based on evidence in the record, including testimony from his treating therapist. We are not left with a “definite…