USA V. EILEEN GELLER, No. 10-50210 (9th Cir. 2012)

Annotate this Case

Download PDF

FILED FEB 23 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-50210 D.C. No. 2:08-cr-00358-GHK v. MEMORANDUM * EILEEN MARIE GELLER, Defendant - Appellant. Appeal from the United States District Court for the Central District of California George H. King, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Eileen Marie Geller appeals from the 36-month sentence imposed following her guilty-plea conviction for five counts of health care fraud, in violation of 18 U.S.C. § 1347. 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). Geller contends that the district court procedurally erred when it failed to consider or explain adequately why it rejected Geller s arguments for a lenient sentence and the probation officer s recommendation. The record belies her contention. The district court considered Geller s mitigating arguments and adequately explained that in light of the severity of the offense and the need to promote respect for the law, a sentence one month below the advisory Guidelines range was warranted. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc). AFFIRMED. 2 10-50210

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.