United States v. Alfred Havier, Jr.

359 F. App'x 806

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 9, 2009
• Docket: 09-10069
• Status: Unpublished

Opinion

MEMORANDUM **

Alfred Vincent Havier appeals from the district court’s sentence of 63 months imprisonment following his plea of guilty to charges of sexually abusing a minor. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the district court’s sentencing procedure for plain error. United States v. Autery, 555 F.3d 864, 868-70 (9th Cir.2009). We review the reasonableness of the district court’s sentence for abuse of discretion. Id. at 870-71.

The facts of this case are known to the parties. We do not repeat them.

“Whether sound discretion has been exercised must be answered in each case through a thorough review of the record.” United States v. Barker, 771 F.2d 1362, 1366 (9th Cir.1985). After reviewing the record in full, we determine that the district court exercised sound discretion in this case. The district court did not plainly err, nor did it abuse its discretion in declining to credit Havier with time served in tribal custody.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.