United States v. Richard Cooke ( 2015 )

FILED
NOT FOR PUBLICATION JUN 30 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 13-10677
14-10007
Plaintiff - Appellee,
D.C. No. 3:13-cr-08081-DGC
v.
RICHARD COOKE, MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
In these consolidated appeals, Richard Cooke appeals from the district
court’s judgment and challenges the 228-month sentence imposed following his
jury-trial convictions for voluntary manslaughter, in violation of 18 U.S.C. § 1112;
and discharging a firearm during and in relation to a crime of violence, in violation
*
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).
of 18 U.S.C. § 924(c)(1)(A)(iii). We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
Cooke contends that the district court procedurally erred by failing to
explain adequately its imposition of the high-end Guidelines sentence on the
voluntary manslaughter count. We review for plain error, see United States v.
Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The
record reflects that the district court sufficiently explained the basis for its
sentence. Contrary to Cooke’s contention, the district court justified its imposition
of the particular sentence and responded to the parties’ arguments. See Rita v.
United States, 551 U.S. 338, 357 (2007).
AFFIRMED.
2 13-10677