United States of America v. Vardan Aghekyan

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VARDAN AGHEKYAN,
Defendant - Appellant.
No. 09-50442
D.C. No. 2:08-cr-01326-GHK
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
George H. King, District Judge, Presiding
Submitted November 16, 2010**
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Vardan Aghekyan appeals from the below-guidelines, 27-month sentence
imposed following his guilty-plea conviction to three counts of making a false
statement to a federally-insured financial institution, in violation of 18 U.S.C.
§ 1014. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
NOV 22 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50442 2
Aghekyan contends that the district court violated his Sixth Amendment and
due process rights by engaging in impermissible judicial fact-findings when
calculating the applicable Sentencing Guidelines range. He further contends that
his sentence is substantively unreasonable because it violates the parsimony
principle by relying on judge-found facts.
Aghekyan’s contentions are foreclosed by United States v. Hickey, 580 F.3d
922, 932 (9th Cir. 2009). Moreover, the record reflects that the district court did
not procedurally err, and that Aghekyan’s sentence is reasonable under the totality
of the circumstances. See United States v. Treadwell, 593 F.3d 990, 1016-17 (9th
Cir. 2010); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008)
(en banc).
Aghekyan’s motion requesting self-representation is denied.
AFFIRMED.

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