McDuffie

United States v. McDuffie

Good Law
236 F. App'x 277
United States Court of Appeals for the Ninth CircuitMay 30, 2007Nos. 06-30391, 06-30537California674 words

Opinion

Lead Opinion

*278 MEMORANDUM *

Deondra McDuffie and Elijah Fuhr appeal the sentencing determination of the District Court arising from convictions for their involvement in a drug ring conspiracy in Seattle, Washington. We have jurisdiction over these matters pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and jurisdiction over a sentence within the United States Sentencing Guidelines (“Guidelines”) pursuant to United States v. Plouffe, 445 F.3d 1126, 1129-31 (9th Cir. 2006) (as amended), cert. denied, — U.S. -, 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006). We review a district court’s interpretation of the Guidelines de novo, findings of fact for clear error, and application of the Guidelines to the facts of the case for abuse of discretion. United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir. 2005).

McDuffie challenges his 21-month sentence for conspiracy to distribute cocaine as being procedurally and substantively unreasonable. We assess the reasonableness of a sentence through a two-step process considering first, whether the Guidelines range was accurately calculated, and second, whether the sentence is reasonable in light of the 18 U.S.C. § 3553 (a) factors. United States v.…

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