USA v. Matthew Eaton, No. 10-50162 (9th Cir. 2011)

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FILED JAN 05 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-50162 D.C. No. 3:09-cr-03366-IEG v. MEMORANDUM * MATTHEW ALLEN EATON, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Irma E. Gonzalez, Chief District Judge, Presiding Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges. Matthew Allen Eaton appeals from the 27-month sentence imposed following his guilty-plea conviction for conspiracy to transport stolen property in interstate and foreign commerce, in violation of 18 U.S.C. §§ 371 and 2314. 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). Eaton contends that the district court erred by imposing a two-level upward adjustment under U.S.S.G. § 3B1.4 for using a minor to commit a crime. The record reflects that the district court did not clearly err in finding that Eaton affirmatively used his children in the conspiracy. See United States v. Castro-Hernandez, 258 F.3d 1057, 1060-61 (9th Cir. 2001). AFFIRMED. 2 10-50162

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