Friese

United States v. Friese

Good Law
270 F. App'x 698
United States Court of Appeals for the Ninth CircuitMarch 21, 2008Nos. 07-30191, 07-30248California420 words

Opinion

Lead Opinion

MEMORANDUM ***

Dean Anthony Friese and Betty Jo Friese appeal them 144-month and 120-month sentences, respectively, for their convictions for conspiracy to distribute methamphetamine. Both sentences were approximately three years longer than that provided for by the high end of the applicable sentencing guideline range. The Frieses argue that them sentences are unreasonable, the district court failed to consider all of the factors set forth in 18 U.S.C. § 3553 (a), and did not provide a sufficient statement of reasons for the sentences imposed. We affirm both sentences.

The proper standard of review is whether the district court abused its discretion in determining that the 18 U.S.C. § 3553 (a) factors justified a variance outside of the sentencing guideline range, and in determining that the sentence imposed was reasonable. See Gall v. United States, — U.S. -, 128 S.Ct. 586, 597 , 169 L.Ed.2d 445 (2007) (“Regardless of whether the sentence imposed is inside or outside the Guidelines range, the appellate court must review the sentence under an abuse-of-discretion standard.”).

The record shows that the district court noted its obligation to impose a sentence in light of the 18…

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