United States v. Washburn

313 F. App'x 940

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 26, 2009
• Docket: No. 07-30471
• Status: Published

Opinion

MEMORANDUM

**

Robert Harvey Washburn appeals from the 151-month sentence imposed on remand following his guilty-plea conviction for bank robbery, in violation of 18 U.S.C. § 2113(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Washburn contends that the district court procedurally erred by failing to adequately explain why it rejected his request for a downward departure and variance. We conclude that the district court did not procedurally err. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc).

Washburn also contends that his sentence is substantively unreasonable because the district court sentenced him as a career offender. Given the totality of the circumstances, we conclude that Wash-burn’s sentence is not substantively unreasonable. See id. at 993.

AFFIRMED.

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