United States v. Ras Jah Mikes Matta ( 2012 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT FEB 21 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 10-30363
Plaintiff - Appellee, D.C. No. 1:10-cr-00010-RFC
v.
MEMORANDUM *
RAS JAH MIKES MATTA, a.k.a. Ras
Yah Mikes Matta,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Ras Jah Mikes Matta appeals from the 96-month sentence imposed
following his guilty-plea conviction to being a felon in possession of a firearm, in
violation of 18 U.S.C. § 922(g)(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.
Matta contends that the district court erred in denying him an adjustment for
acceptance of responsibility under U.S.S.G. § 3E1.1 on the basis of his conduct in
jail between the time of his plea and his sentencing. The district court was
permitted to consider such conduct and did not clearly err in determining that
Matta was not entitled to an adjustment. See United States v. Mara, 523 F.3d
1036, 1038-39 (9th Cir. 2008) (upholding denial of an adjustment under section
3E1.1 on the basis of a jailhouse fight pending sentencing and observing that
“post-offense conduct can shed significant light on the genuineness of a
defendant’s claimed remorse”) (internal quotations omitted). The 96-month
sentence at the upper end of the advisory Sentencing Guidelines range was
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances. See United States v. Carty, 520 F.3d 984, 993
(9th Cir. 2008) (en banc).
AFFIRMED.
2 10-30363