United States v. Clary

MEMORANDUM ** Michael Robert Clary appeals from the 64-month sentence imposed following his guilty-plea conviction for being a felon in *663 possession of firearms, in violation of 18 U.S.C. § 922 (g)(1), and for making a false statement in connection with the acquisition of firearms, in violation of 18 U.S.C. § 922 (a)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Clary contends that the district court presumed that a sentence within the Guidelines range was appropriate in violation of Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2465 , 168 L.Ed.2d 203 (2007). This contention is belied by the record. Clary also contends that his sentence is unreasonable because the district court’s discussion of the 18 U.S.C. § 3553 (a) factors was inadequate. We conclude that the district court did not procedurally err. See id. at 2469 ; see also United States v. Carty, 520 F.3d 984, 995-97 (9th Cir.2008) (en banc). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.