United States v. Matthew Eaton
UNITED STATES of America, Plaintiff—Appellee, v. Matthew Allen EATON, Defendant—Appellant
- Area
- other
- Panel
- Alfred T. Goodwin (author), William T. Wallace, Richard R. Clifton
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
FILED NOT FOR PUBLICATION JAN 05 2011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. 10-50162 Plaintiff - Appellee, D.C. No. 3:09-cr-03366-IEG v. MEMORANDUM * MATTHEW ALLEN EATON, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Irma E. Gonzalez, Chief District Judge, Presiding Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Matthew Allen Eaton appeals from the 27-month sentence imposed following his guilty-plea conviction for conspiracy to transport stolen property in interstate and foreign commerce, in violation of 18 U.S.C. §§ 371 and 2314. 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). Eaton contends that the district court erred by imposing a two-level upward adjustment under U.S.S.G. § 3B1.4 for using a minor to commit a crime. The record reflects that the district court did not clearly err in finding that Eaton affirmatively used his children in the conspiracy. See United States v. Castro-Hernandez, 258 F.3d 1057, 1060-61 (9th Cir. 2001).
AFFIRMED.
2 10-50162