Goodwin

United States v. Goodwin

Good Law
287 F. App'x 608
United States Court of Appeals for the Ninth CircuitJuly 29, 2008No. 07-30338California621 words

Opinion

Lead Opinion

MEMORANDUM **

James C. Goodwin appeals the sentence imposed following his plea of guilty to possession of child pornography. Goodwin argues that the district court erred by allowing certain victim impact statements into his presentence report (“PSR”), by imposing two five-level enhancements under U.S.S.G. § 2G2.2, and by failing to consider his acceptance of responsibility at sentencing. “Appellate review of sentencing decisions is limited to determining whether they are ‘reasonable.’ ” Gall v. United States, 552 U.S. —, 128 S.Ct. 586, 594 , 169 L.Ed.2d 445 (2007). We review de novo the district court’s interpretation of the Sentencing Guidelines, its application of the Sentencing Guidelines to the facts of the case for abuse of discretion, and its factual findings for clear error. United States v. Snipe, 515 F.3d 947, 954 (9th Cir.2008). Upon review of the record, the briefs of the parties, and the arguments of counsel, we affirm.

Goodwin first argues that two victim impact statements should not have been included in his PSR because the district court did not appoint a guardian ad litem for the victim, and because the statements are unreliable and therefore irrelevant. Goodwin…

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