United States v. Kaylan Bell , 473 F. App'x 623 ( 2012 )

FILED
NOT FOR PUBLICATION MAY 21 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-30146
Plaintiff - Appellee, D.C. No. 4:10-cr-00156-BLW
v.
MEMORANDUM *
KAYLAN JAY BELL,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Kaylan Jay Bell appeals from the 42-month sentence imposed following his
guilty-plea conviction for failure to register as a sex offender, in violation of 18
U.S.C. § 2250(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, appellant’s
request for oral argument is denied.
Bell contends that the district court erred under Tapia v. United States, 131
S. Ct. 2382 (2011), by selecting his sentence on the basis of his need for
rehabilitation. Because Bell did not object on this basis before the district court,
we review for plain error. See United States v. Tapia, 665 F.3d 1059, 1063 (9th
Cir. 2011). We find none. The court selected Bell’s sentence out of concern for
protecting society, rather than to promote rehabilitation. Moreover, Bell has not
established that any error affected his substantial rights. See United States v.
Waknine, 543 F.3d 546, 554 (9th Cir. 2008) (to establish plain error, a defendant
must demonstrate “a reasonable probability that he would have received a different
sentence” if the district court had not erred).
AFFIRMED.
2 11-30146