United States v. Kendy Carpenter

357 F. App'x 927

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 14, 2009
• Docket: 09-30134
• Status: Unpublished

Opinion

MEMORANDUM **

Kendy Carpenter appeals from the 24-month sentence imposed following her guilty-plea conviction for bankruptcy fraud, violating the Federal False Claims Act, federal student loan fraud, and federal food stamp assistance fraud, in violation of 18 U.S.C. §§ 152(3), 287, 1001(a)(2) & (3). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Carpenter contends that the district court procedurally erred by applying an upward departure and that her sentence above the Guidelines range is substantively unreasonable. A review of record demonstrates that the district court properly considered the 18 U.S.C. § 3553(a) sentencing factors and that based on the totality of the circumstances, the sentence imposed is not substantively unreasonable. See United States v. Vanderwerfhorst, 576 F.3d 929, 935 (9th Cir.2009); see also United States v. Hilgers, 560 F.3d 944, 947-48 (9th Cir.2009).

AFFIRMED.

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