United States v. Matthew Eaton

407 F. App'x 250

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 5, 2011
• Docket: 10-50162
• Status: Unpublished

Opinion

MEMORANDUM **

Matthew Allen Eaton appeals from the 27-month sentence imposed following his guilty-plea conviction for conspiracy to transport stolen property in interstate and foreign commerce, in violation of 18 U.S.C. §§ 371 and 2314. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Eaton contends that the district court erred by imposing a two-level upward adjustment under U.S.S.G. § 3B1.4 for using a minor to commit a crime. The record reflects that the district court did not clearly err in finding that Eaton affirmatively used his children in the conspiracy. See United States v. Castro-Hernandez, 258 F.3d 1057, 1060-61 (9th Cir.2001).

AFFIRMED.

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