Haile

United States v. Haile

Good Law
262 F. App'x 2
United States Court of Appeals for the Ninth CircuitDecember 26, 2007No. 06-30492California358 words

Opinion

Lead Opinion

MEMORANDUM ***

Merhawi Hagos Haile appeals from his 84-month sentence imposed following his guilty-plea conviction for conspiracy to distribute cocaine base, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Haile argues that the district court relied on unproven firearms allegations in determining his sentence. Haile misperceives the district court’s reasoning. The district court’s statement about Haile’s “involvement in firearms” was not a factual finding that Haile possessed any firearms; rather, it was simply a general comment on the danger Haile posed by merely being present around firearms and drugs. All the instances referred to by the district court are documented in the presentence report, which Haile did not challenge.

The record shows that the district court noted its obligation to impose a sentence in light of the 18 U.S.C. § 3553 factors and not only mentioned, but discussed, the Sentencing Guidelines range, the nature and circumstances of the offense, the history and characteristics of the defendant, the need to protect the public, and what kind of sentence would provide…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.