United States v. Donell Hatcher , 464 F. App'x 573 ( 2011 )

FILED
DEC 27 2011
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10591
Plaintiff - Appellee, D.C. No. 3:09-cr-00625-WBS
v.
MEMORANDUM *
DONELL HATCHER,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
William B. Shubb, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Donell Hatcher appeals from the 36-month sentence imposed following his
guilty-plea conviction for failure to appear, in violation of 18 U.S.C. § 3146(a)(1).
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).
Hatcher contends that the district court procedurally erred by failing to
consider all of 18 U.S.C. § 3553(a) factors and by failing to explain adequately its
reasons for the sentence imposed. The record belies Hatcher’s contentions. The
district court is not required to refer to each § 3553(a) factor. See United States v.
Mix, 457 F.3d 906, 912-13 (9th Cir. 2006). The district court’s explanation of
Hatcher’s sentence was sufficient. See United States v. Carty, 520 F.3d 984, 992,
995 (9th Cir. 2008) (en banc).
Hatcher also contends that his sentence is substantively unreasonable.
Hatcher’s contentions that the district court erred in declining to apply a downward
adjustment for acceptance of responsibility, and in rejecting his argument that his
criminal history category overrepresented his criminal history, are not supported by
the record. In light of the totality of the circumstances and the sentencing factors
set forth in 18 U.S.C. § 3553(a), the within-Guidelines sentence is reasonable. See
Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 10-10591