United States v. Kendy Carpenter

FILED
NOT FOR PUBLICATION DEC 14 2009
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. 09-30134
Plaintiff - Appellee, D.C. No. 6:08-CR-00017-CCL
v.
MEMORANDUM *
KENDY CARPENTER,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Kendy Carpenter appeals from the 24-month sentence imposed following
her guilty-plea conviction for bankruptcy fraud, violating the Federal False Claims
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, appellant’s request for
oral argument is denied.
EH/Research
Act, federal student loan fraud, and federal food stamp assistance fraud, in
violation of 18 U.S.C. §§ 152(3), 287, 1001(a)(2) & (3). We have jurisdiction
pursuant to 28 U.S.C. § 1291, and we affirm.
Carpenter contends that the district court procedurally erred by applying an
upward departure and that her sentence above the Guidelines range is substantively
unreasonable. A review of record demonstrates that the district court properly
considered the 18 U.S.C. § 3553(a) sentencing factors and that based on the totality
of the circumstances, the sentence imposed is not substantively unreasonable. See
United States v. Vanderwerfhorst, 576 F.3d 929, 935 (9th Cir. 2009); see also
United States v. Hilgers, 560 F.3d 944, 947-48 (9th Cir. 2009).
AFFIRMED.
EH/Research 2 09-30134