USA v. Faustino Crespin, No. 09-30312 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 03 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 09-30312 D.C. No. 1:08-cr-00119-EJL v. MEMORANDUM * FAUSTINO CRESPIN, Defendant - Appellant. Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding Submitted August 23, 2010 ** Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges. Faustino Crespin appeals from the 80-month sentence imposed following his guilty-plea conviction for malicious damage to a building by fire, in violation of 18 U.S.C. § 844(f)(1). 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). Crespin contends that the court failed to consider defendant-specific mitigating factors as part of its 18 U.S.C. § 3553(a) analysis, and that the sentence was greater than necessary to achieve the goals of sentencing. The record reflects that the district court carefully considered the 18 U.S.C. § 3553(a) sentencing factors, including Crespin s arguments in mitigation, and provided a well-reasoned and thorough explanation for the sentence imposed. The district court did not procedurally err, and the sentence is substantively reasonable under the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007); see also United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc). AFFIRMED. 2 09-30312

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