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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 24 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-50163 Plaintiff-Appellee, D.C. No. 2:11-cr-00543-JFW v. MEMORANDUM* PAUL BAKER, a.k.a. Darwin Stanton Baker, Jr., a.k.a. Paul D. Baker, a.k.a. Paul Douglas Baker, Defendant-Appellant. Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding Submitted April 11, 2017** Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. Paul Baker appeals from the district court’s judgment and challenges the aggregate 135-month sentence imposed following his jury-trial convictions for conspiracy to commit mail fraud, wire fraud, and offer and sale of unregistered * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). securities, in violation of 18 U.S.C. § 371; mail fraud securities, in violation of 18 U.S.C. § 1341; wire fraud, in violation of 18 U.S.C. § 1343; offer and sale of unregistered securities and aiding and abetting and causing an act to be done, in violation of 15 U.S.C. §§ 77e and 77x and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Baker contends that the district court procedurally erred by failing to address his request for a downward departure for mental and emotional conditions and physical condition under U.S.S.G. §§ 5H1.3 and 5H1.4. We review for plain error, see United States v. Valencia-Barragan,
608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there was none. The record reflects that the court considered Baker’s arguments and sufficiently explained its reasons for concluding that a mid-range sentence was warranted. See United States v. Carty,
520 F.3d 984, 992 (9th Cir. 2008) (en banc). AFFIRMED. 2 16-50163
Document Info
Docket Number: 16-50163
Citation Numbers: 689 F. App'x 864
Filed Date: 4/24/2017
Precedential Status: Non-Precedential
Modified Date: 1/13/2023