Templeton

United States v. Templeton

Good Law
218 F. App'x 586
United States Court of Appeals for the Ninth CircuitJanuary 16, 2007No. 05-30256California275 words

Opinion

Lead Opinion

MEMORANDUM **

James Templeton appeals from the 240-month sentence imposed following his guilty-plea conviction for conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(A), and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The government’s contention that we lack jurisdiction to review a sentence within the advisory Guidelines range is foreclosed by United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.), cert. denied, -U.S. -, 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006).

Templeton contends that his sentence must be reversed because the district court misapplied 18 U.S.C. § 3553 (a)(6) by failing to consider the disparity between his sentence and sentences imposed on his co-conspirators and defendants in related cases. We disagree.

*587 The record shows that the district court considered Templeton’s particular history and characteristics, the nature and circumstances of the offense, and the need for the sentence imposed to reflect the seriousness of the offense, to afford adequate deterrence to criminal conduct, and to provide just punishment. See 18 U.S.C. §§ 3553 (a)(1), (a)(2). The district court “gave thoughtful…

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