Lutz

MEMORANDUM **

William Roy Lutz (“Lutz”) challenges the district court’s order denying resentencing and affirming the 41-month sentence reflected in the Judgment and Commitment Order issued August 5, 2004. Reviewing the sentence for abuse of discretion, we conclude that the district court committed no significant procedural error, and the sentence imposed was reasonable. Gall v. United States, - U.S. -, 128 S.Ct. 586, 597 , 169 L.Ed.2d 445 (2007); United States v. Carty, 520 F.3d 984, 987-88 (9th Cir.2008). Therefore, we affirm.

First, we consider whether the district court committed significant procedural error. Gall, 128 S.Ct. at 597 ; Carty, 520 F.3d at 992-93 . Lutz’s argument that he was not provided with notice of an upward departure fails. The presentence report noted that his criminal history category underrepresented his danger to soci *479 ety, and it recommended an above-Guidelines sentence of 46 months. See United States v. Williams, 291 F.3d 1180, 1192-93 (9th Cir.2002) (stating that “notice can come from the district court itself, or from the presentence report or a prehearing submission from the government.”), overruled on other grounds, United States v. Gonzales,…