USA v. Jeffrey Kinney, No. 10-30197 (9th Cir. 2011)

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FILED FEB 15 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-30197 D.C. No. 2:97-cr-00115-RHW v. MEMORANDUM * JEFFREY LOUIS KINNEY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Robert H. Whaley, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Jeffrey Louis Kinney appeals from the 16-month sentence imposed upon revocation of supervised release. 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). Kinney contends that the district court committed procedural error by basing the sentence on clearly erroneous facts. The record reflects that the district court s view of the evidence was plausible in light of the record viewed in its entirety. United States v. Cantrell, 433 F.3d 1269, 1284 (9th Cir. 2006). Kinney also contends that the sentence is substantively unreasonable because, among other things, he had served sufficient time on the underlying charge. In light of the totality of the circumstances, the district court s sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc). Kinney s motion to enlarge the record on appeal is denied. See Fed. R. App. P. 10(e); Lowry v. Barnhart, 329 F.3d 1019, 1025-26 (9th Cir. 2003). AFFIRMED. 2 10-30197

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