Noble

United States v. Noble

Good Law
273 F. App'x 615
United States Court of Appeals for the Ninth CircuitApril 10, 2008No. 06-30314California240 words

Opinion

Lead Opinion

MEMORANDUM ***

The government appeals the sentence imposed on defendant Anthony David Noble for possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). The government argues that the district court committed a procedural error in failing properly to consider the advisory Guidelines range, see 18 U.S.C. § 3553 (a), and that the sentence was not reasonable.

As it was required to do, the district court correctly calculated the advisory Guidelines range. United States v. Booker, 543 U.S. 220, 259-60 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). The district court considered that range and also considered the factors set forth in 18 U.S.C. § 3553 (a), including Noble’s “history and characteristics.” The district court then imposed a sentence below the Guidelines range, explaining the reasons for its downward departure. Accordingly, we conclude that the district court did not commit procedural error. Gall v. United States, - *616 U.S.-, 128 S.Ct. 586, 597 , 169 L.Ed.2d 445 (2007).

Finally, we have reviewed the record, including the sentencing transcript, and conclude that the district court’s sentence was not substantively unreasonable in light of the facts and…

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