United States v. Peter Gatlin , 456 F. App'x 656 ( 2011 )

FILED
NOT FOR PUBLICATION OCT 28 2011
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. 10-50623
Plaintiff - Appellee, D.C. No. 2:10-cr-00532-SJO
v.
MEMORANDUM *
PETER M. GATLIN, a.k.a. Peter Gatlin,
a.k.a. Peter Marshell Gatlin,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted October 25, 2011 **
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Peter M. Gatlin appeals from the 60-month sentence imposed following his
guilty-plea conviction for passing materially altered postal money orders, and
aiding and abetting, in violation of 18 U.S.C. §§ 500, 2(a), and for being a felon in
*
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).
possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g). We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Gatlin contends that the district court gave undue weight to his extended
criminal history and to additional conduct described in the presentence report
(“PSR”), and that his sentence is substantively unreasonable. The district court’s
consideration of conduct described in the PSR was not improper, see United States
v. Columbus, 881 F.2d 785, 787 (9th Cir. 1989), and the sentence is reasonable in
light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing
factors. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v.
Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010).
AFFIRMED.
2 10-50623