Rossmiller

United States v. Rossmiller

Good Law
275 F. App'x 701
United States Court of Appeals for the Ninth CircuitApril 28, 2008No. 07-30262California248 words

Opinion

Lead Opinion

MEMORANDUM **

Richard Alvin Rossmiller appeals from the 30-month sentence imposed following his guilty-plea conviction for manufacturing counterfeit currency in violation of 18 U.S.C. § 471 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Rossmiller contends that the district court erred in applying United States Sentencing Guideline § 5G1.3(a), where it should have applied § 5G1.3(c), and that the district court therefore did not recognize its discretion to impose his federal sentence to run concurrently to his state sentences. Though the district court improperly cited to § 5G1.3(a), see United States v. Fifield, 432 F.3d 1056, 1058-59 (9th Cir.2005), remand is unnecessary because the record indicates that the district court understood its discretion, see United States v. Arellano-Torres, 303 F.3d 1173, 1181 (9th Cir.2002). Additionally, the record suggests that the district court would not have sentenced Rossmiller differently under § 5G1.3(e). See United States v. Dowd, 417 F.3d 1080, 1090 (9th Cir.2005).

Rossmiller also contends that the district court failed to adequately articulate its reasons for his sentence, and that his sentence is unreasonably…

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.