United States v. Roshaun Porter

FILED
NOT FOR PUBLICATION AUG 02 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50084
Plaintiff - Appellee, D.C. No. 8:12-cr-00097-JLS
v.
MEMORANDUM*
ROSHAUN NAKIA PORTER,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Josephine L. Staton, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Roshaun Nakia Porter appeals from the district court’s judgment and
challenges the 240-month sentence imposed following his guilty-plea conviction
for conspiracy to engage in sex trafficking, in violation of 18 U.S.C. § 1594(c).
We have jurisdiction pursuant to 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).
Porter contends that his sentence is substantively unreasonable because the
district court failed to grant a downward departure under U.S.S.G. § 4A1.3(b),
which authorizes the district court to depart when the defendant’s criminal history
category overstates the seriousness of his criminal history. Our review of a district
court’s decision whether to depart under section 4A1.3 is limited to determining
whether the court imposed a substantively unreasonable sentence. See United
States v. Ellis, 641 F.3d 411, 421-22 (9th Cir. 2011). The district court did not
abuse its discretion in imposing Porter’s sentence. See Gall v. United States, 552
U.S. 38, 51 (2007). The within-Guidelines sentence is substantively reasonable in
light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the
circumstances, including Porter’s criminal history and the violent nature of the
offense. See Gall, 552 U.S. at 51.
AFFIRMED.
2 15-50084