United States v. Ronald Smith ( 2010 )

FILED
NOT FOR PUBLICATION OCT 08 2010
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. 09-30357
Plaintiff - Appellee, D.C. No. 1:04-cr-00087-RFC-5
v.
MEMORANDUM *
RONALD E. SMITH,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief District Judge, Presiding
Submitted October 6, 2010 **
Seattle, Washington
Before: KOZINSKI, Chief Judge, THOMAS and M. SMITH, Circuit
Judges.
The district court considered the correct guideline range and adequately
explained its decision to impose a stricter sentence. Federal Rule of Criminal
Procedure 32(h) does not apply to the variance. Irizarry v. United States, 553 U.S.
*
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).
page 2
708, 714 (2008). Even if it did, the government’s re-sentencing memorandum
gave the defendant adequate notice of the grounds for lengthening his sentence.
See Fed. R. Crim. P. 32(h); cf. United States v. Cruz-Perez, 567 F.3d 1142, 1147
(9th Cir. 2009).
AFFIRMED.