USA v. Brett Hahn, No. 09-30244 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 01 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-30244 D.C. No. 9:06-cr-00064-DWM v. MEMORANDUM * BRETT HAHN, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding Submitted August 10, 2010 ** Before: LEAVY, HAWKINS, and IKUTA, Circuit Judges. Brett Hahn appeals from the 46-month sentence imposed following remand for resentencing. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Hahn contends the district court procedurally erred when it imposed a consecutive sentence on remand without giving him credit for the 902 days he * 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). served in state custody. The district court s decision to depart from section 5G1.3(b) of the Sentencing Guidelines by imposing a consecutive sentence obviated the requirement that Hahn be granted credit for time spent in state custody under section 5G1.3(b)(1). Moreover, the district court s explanation for its sentence was sufficient to allow for meaningful appellate review. See Rita v. United States, 551 U.S. 338, 356-59 (2007); United States v. Carty, 520 F.3d 984, 991-92, 995 (9th Cir. 2008) (en banc). Hahn s motion to expedite appellate review is denied as moot. AFFIRMED. 2 09-30244

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