United States of America v. Edgar Nelson Pitts

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EDGAR NELSON PITTS,
Defendant - Appellant.
No. 15-10085
D.C. No. 1:14-cr-00192-LJO
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, Chief Judge, Presiding
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Edgar Nelson Pitts appeals the 150-month sentence imposed following his
guilty-plea conviction for voluntary manslaughter, in violation of 18 U.S.C.
§ 1112. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JUN 20 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Pitts contends that his high-end, fully consecutive sentence is substantively
unreasonable in light of the circumstances of the offense and the length of his two
undischarged sentences. The district court did not abuse its discretion in imposing
Pitts’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence
is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors
and the totality of the circumstances, including the nature of the offense. See
U.S.S.G. § 5G1.3(a); Gall, 552 U.S. at 51.
AFFIRMED.
15-10085 2

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