United States of America v. Richard Lee Hellman

* 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).
*** The Honorable Ronald M. Whyte, Senior United States District Judge
for the Northern District of California, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellant,
v.
RICHARD LEE HELLMAN,
Defendant - Appellee.
No. 09-50173
D.C. No. 2:06-cr-00754-RMT-1
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Robert M. Takasugi, District Judge, Presiding
Submitted August 2, 2010 **
Pasadena, California
Before: KOZINSKI, Chief Judge, REINHARDT, Circuit Judge and
WHYTE, District Judge. ***
FILED
AUG 04 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

page 2
The government failed to object below and hasn’t shown a “reasonable
probability that [Hellman] would have received a different sentence but for the
district court’s error.” United States v. Gonzalez-Zotelo, 556 F.3d 736, 741 (9th
Cir. 2009).
AFFIRMED.

-- 2 of 2 --