United States Court of Appeals, Ninth CircuitFeb 26, 2007
222 Fed. Appx. 644 (9th Cir. 2007)

No. 06-50138.

Argued and Submitted February 6, 2007.

Filed February 26, 2007.

Alessandra P. Serano, Esq., USSD-Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Michael Petrik, Jr., Esq., FDSD-Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California, Marilyn L. Huff, District Judge, Presiding. D.C. No. CR-05-00667-1-MLH.

Before: KOZINSKI and TROTT, Circuit Judges, and BEISTLINE, District Judge.

Honorable Ralph R. Beistline, United States District Judge for the District of Alaska, sitting by designation.


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

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)(1). 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).