United States v. Donald Foster

MEMORANDUM

Donald Edward Foster appeals from the district court’s judgment and challenges the 100-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1); and for possession of a stolen firearm, in violation of 18 U.S.C. § 922 (j). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Foster first contends that the district court procedurally erred by failing to explain the reasons for the sentence and for its rejection of his mitigating arguments. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The record reflects that the district court reviewed all of the evidence submitted, listened to the mitigating arguments, and considered the section 3553(a) sentencing factors. Nothing more was required here. See Rita v. United States, 551 U.S. 338, 358-59 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007).

Foster next contends that the district court violated the parsimony principle and imposed a sentence that was greater than necessary in light of his personal history and characteristics. The district court did not abuse its…