United States of America v. Damon Sykes

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NOT FOR PUBLICATION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.
DAMON SYKES,
Defendant - Appellant.
No. 11-10378
D.C. No. 3:10-cr-00607-JSW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Damon Sykes appeals from the 252-month sentence imposed following his
guilty-plea conviction for three counts of armed bank robbery, in violation of 18
U.S.C. § 2113(a) and (d), and one count of conspiracy to commit armed bank
FILED
JUL 02 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10378 2
robbery, in violation of 18 U.S.C. § 371. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Sykes contends that the district court failed to adequately explain why a 252-
month sentence was the minimum necessary to achieve the sentencing objectives
set forth in 18 U.S.C. § 3553(a), and failed to offer reasons to justify the degree of
the variance. We review for plain error, see United States v. Valencia-Barragan,
608 F.3d 1103, 1108 (9th Cir. 2010), and we find none. The district court
sufficiently explained the sentence imposed. See United States v. Carty, 520 F.3d
984, 991-92 (9th Cir. 2008) (en banc).
Sykes also contends that his above-Guidelines sentence is substantively
unreasonable because it is greater than necessary to achieve the section 3553(a)
sentencing objectives. He argues that the district court overstated the seriousness
of his criminal history and the nature of the armed bank robberies, failed to give
sufficient weight to his mitigating circumstances, and created an unwarranted
sentencing disparity with other similarly-situated defendants. The record reflects
that, under the totality of the circumstances and the section 3553(a) sentencing
factors, the sentence is substantively reasonable. See Gall v. United States, 552
U.S. 38, 51 (2007).
AFFIRMED.

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