United States of America v. Ruben Valdez

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NOT FOR PUBLICATION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.
RUBEN VALDEZ,
Defendant - Appellant.
No. 10-10362
D.C. No. 2:10-cr-00287-FJM
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Frederick J. Martone, District Judge, Presiding
Submitted September 27, 2011**
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Ruben Valdez appeals from the 70-month sentence imposed following his
guilty-plea conviction for being a felon in possession of a firearm, in violation of
18 U.S.C. §§ 922(g)(1) and 924(a)(2). We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
FILED
OCT 04 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

10-10362 2
Valdez contends that the district court erred by imposing a two-level
enhancement under U.S.S.G. § 3C1.2 (Reckless Endangerment During Flight). He
further contends that the court’s findings in support of the enhancement were
insufficient as a procedural matter. The district court’s determination to apply the
enhancement was not clear error, see United States v. Reyes-Oseguera, 106 F.3d
1481, 1483-84 (9th Cir. 1997), and its statements at sentencing were sufficient to
permit meaningful appellate review, see United States v. Carty, 520 F.3d 984, 992-
93, 995 (9th Cir. 2008) (en banc).
AFFIRMED.

-- 2 of 2 --