United States v. Cline

222 F. App'x 644

Opinion

MEMORANDUM

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Given the state of the record, which included evidence that the act was premeditated, the District Court did not clearly err when it determined that defendant attempted First Degree Murder as defined by USSG § 2A2.1(a)(l). See United States v. Ferryman, 444 F.3d 1183, 1185 (9th Cir.2006) (factual findings made at sentencing are reviewed for clear error).

Further, given the mid-level Guideline sentence imposed and the lack of sufficient factual support for a claim of disparity, the District Court adequately articulated its sentencing decision in accordance with 18 U.S.C. § 3553(a). See United States v. Knows His Gun, 438 F.3d 913, 918-919 (9th Cir.2006).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.