United States v. Noah Blue , 633 F. App'x 460 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10478
Plaintiff - Appellee, D.C. No. 4:13-cr-00705-JST
v.
MEMORANDUM*
NOAH BLUE,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Jon S. Tigar, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Noah Blue appeals from the district court’s judgment and challenges the
78-month sentence imposed following his guilty-plea conviction for bank robbery
and armed bank robbery, in violation of 18 U.S.C. §§ 2113(a) and 3571(d). 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).
Blue contends that the district court erred by failing to grant or compel the
government to move for a third-level reduction for acceptance of responsibility
under U.S.S.G. § 3E1.1(b). We review for clear error the district court’s decision
whether to reduce a defendant’s sentence for acceptance of responsibility, see
United States v. Cortes, 299 F.3d 1030, 1037 (9th Cir. 2002), and find none. The
government has discretion whether to file a motion for a third-level reduction for
acceptance of responsibility and, contrary to Blue’s contention, the record reflects
that its refusal to do so in this case was based on interests identified in section 3E1.1.
See U.S.S.G. § 3E1.1 cmt. n.6.
AFFIRMED.
2 14-10478