USA V. RHETT TRUJILLO, No. 12-50429 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 21 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 12-50429 D.C. No. 2:11-cr-01185-SVW-1 v. MEMORANDUM * RHETT CHRISTOPHER TRUJILLO, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding Argued and Submitted April 10, 2013 Pasadena, California Before: FERNANDEZ, RAWLINSON, and BYBEE, Circuit Judges. Appellant Rhett Christopher Trujillo (Trujillo) appeals the sentence imposed by the district court. We affirm. 1. The district court did not err in applying a 5-level enhancement under U.S.S.G. § 2B5.1(b)(2)(A) because there was sufficient evidence in the record to * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. support the court s finding that Trujillo used the materials in his possession to manufacture counterfeit currency. See United States v. Allen, 434 F.3d 1166, 1172 (9th Cir. 2006) (holding that the enhancement under § 2B5.1(b)(2)(A) applies where there is some linkage between the counterfeiting materials in the defendant s possession and the actual production of counterfeit obligations ). 2. Trujillo s sentence was both procedurally sound and substantively reasonable. The sentence was procedurally sound because the district court properly applied the enhancement under U.S.S.G. § 2B5.1(b)(2)(A), correctly calculated the Sentencing Guidelines range, and considered the 18 U.S.C. § 3553(a) factors. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc) (discussing procedural error). The resulting within-Guidelines sentence was substantively reasonable. See United States v. Blinkinsop, 606 F.3d 1110, 1116 (9th Cir. 2010) (noting that a within-Guidelines sentence is generally reasonable in the mine run of cases ). AFFIRMED. Page 2 of 2

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