United States v. Dennis Hubble, Jr.

FILED
NOT FOR PUBLICATION MAR 09 2012
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. 11-30227
Plaintiff - Appellee, D.C. No. 3:11-cr-00019-TMB
v.
MEMORANDUM *
DENNIS DALE HUBBLE, Jr.,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Alaska
Timothy M. Burgess, District Judge, Presiding
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Dennis Dale Hubble, Jr. appeals from his 160-month sentence following his
guilty-plea conviction for four counts of bank robbery, in violation of 18 U.S.C.
§ 2113(a) and (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).
Hubble contends that the district court gave too much weight to its career
offender finding and imposed a sentence that was greater than necessary under
18 U.S.C. § 3553(a). The record reflects that the district court carefully considered
the section 3553(a) sentencing factors, and imposed a sentence reflective of
Hubble’s extensive criminal history, the need to protect the public, and Hubble’s
failure to be deterred. Hubble’s sentence, 28 months below the advisory
Sentencing Guidelines range, is substantively reasonable in light of the totality of
the circumstances and the section 3553(a) sentencing factors. See United States v.
Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.
2 11-30227