United States v. Noah Blue , 633 F. App'x 460 ( 2016 )


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  •                              NOT FOR PUBLICATION                         FILED
    UNITED STATES COURT OF APPEALS                      MAR 21 2016
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 14-10478
    Plaintiff - Appellee,               D.C. No. 4:13-cr-00705-JST
    v.
    MEMORANDUM*
    NOAH BLUE,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Northern District of California
    Jon S. Tigar, District Judge, Presiding
    Submitted March 15, 2016**
    Before:       GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
    Noah Blue appeals from the district court’s judgment and challenges the
    78-month sentence imposed following his guilty-plea conviction for bank robbery
    and armed bank robbery, in violation of 
    18 U.S.C. §§ 2113
    (a) and 3571(d). 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).
    Blue contends that the district court erred by failing to grant or compel the
    government to move for a third-level reduction for acceptance of responsibility
    under U.S.S.G. § 3E1.1(b). We review for clear error the district court’s decision
    whether to reduce a defendant’s sentence for acceptance of responsibility, see
    United States v. Cortes, 
    299 F.3d 1030
    , 1037 (9th Cir. 2002), and find none. The
    government has discretion whether to file a motion for a third-level reduction for
    acceptance of responsibility and, contrary to Blue’s contention, the record reflects
    that its refusal to do so in this case was based on interests identified in section 3E1.1.
    See U.S.S.G. § 3E1.1 cmt. n.6.
    AFFIRMED.
    2                                     14-10478
    

Document Info

Docket Number: 14-10478

Citation Numbers: 633 F. App'x 460

Filed Date: 3/21/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023