United States v. Richard David , 389 F. App'x 595 ( 2010 )

FILED
NOT FOR PUBLICATION JUL 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10373
Plaintiff - Appellee, D.C. No. 1:08-cr-00064-FMTG
v.
RICHARD FERRERAS DAVID, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Guam
Frances Tydingco-Gatewood, Chief Judge, Presiding
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Richard Ferreras David appeals from the 108-month sentence imposed
following his guilty-plea conviction for importation of methamphetamine
hydrochloride (ice), in violation of 21 U.S.C. §§ 952(a) and 960. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
David contends the district court procedurally erred by failing to adequately
consider his argument that the two-level enhancement for importation of
methamphetamine under U.S.S.G. § 2D1.1(b)(4) created an unwarranted
sentencing disparity among similarly situated defendants. The record reflects that
the district court listened to the parties’ arguments and did not otherwise
procedurally err. See United States v. Carty, 520 F.3d 984, 995 (9th Cir. 2008)
(en banc).
David further contends his sentence is substantively unreasonable because
the importation enhancement is arbitrary, does not properly reflect the 18 U.S.C.
§ 3553(a) factors, and unfairly overstates his offense conduct. In light of the
totality of the circumstances and the § 3553(a) sentencing factors, the sentence is
substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007);
Carty, 520 F.3d at 993.
AFFIRMED.
2 09-10373