USA V. JULIUS ROBERTS, No. 12-30031 (9th Cir. 2012)

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FILED SEP 21 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-30031 D.C. No. 2:02-cr-00282-FVS v. MEMORANDUM * JULIUS DARNELL ROBERTS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, District Judge, Presiding Submitted September 10, 2012 ** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Julius Darnell Roberts appeals from the district court s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. 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). Roberts contends that the district court abused its discretion by denying his motion to reduce his sentence because the court double counted his criminal history and failed to consider adequately his post-conviction rehabilitation. The court considered Roberts s post-conviction rehabilitation and properly based its decision on public safety considerations and the need for deterrence. See U.S.S.G. § 1B1.10 cmt. n.1(B); United States v. Lightfoot, 626 F.3d 1092, 1096 (9th Cir. 2010). AFFIRMED. 2 12-30031

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