Herrick

United States v. Herrick

Good Law
285 F. App'x 409
United States Court of Appeals for the Ninth CircuitJuly 9, 2008No. 07-30379California300 words

Opinion

Lead Opinion

MEMORANDUM **

Jason Herrick appeals his sentence of 125 months imprisonment followed by a three-year term of supervised release imposed following his conviction for sending threatening communications to state and federal prosecutors, in violation of 18 U.S.C. § 876 (c). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court correctly calculated the advisory Sentencing Guideline range of 100-125 months. Based on the sentencing factors enumerated in 18 U.S.C. § 3553 , the court then sentenced Herrick to 125-months imprisonment, the top end of the Guideline range. The district court considered the mitigating factors presented by Herrick and determined that the interests of punishment, deterrence, and public safety warranted a 125-month sentence, which fell far short of the 480-month sentence allowed by statute. See 18 U.S.C. § 876 (c). The district court also determined within its discretion that the sentence should run consecutively to Herrick’s undischarged state and federal sentences for unrelated crimes. The district court’s reasons were sufficient. We conclude that this within-Guidelines sentence is reasonable. See United States v. Carty, 520…

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