United States of America v. David Michael Jimenez

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NOT FOR PUBLICATION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.
DAVID MICHAEL JIMENEZ,
Defendant - Appellant.
No. 11-50256
D.C. No. 2:10-cr-01386-ODW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Otis D. Wright, II, District Judge, Presiding
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
David Michael Jimenez appeals from the 188-month sentence imposed
following his guilty-plea conviction for conspiracy to distribute and possess with
intent to distribute methamphetamine, in violation of 21 U.S.C. § 846. We have
FILED
JUL 27 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50256 2
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Jimenez contends that the district court procedurally erred by basing his
sentence on internet research. This contention is belied by the record because the
court did not impose sentence on the basis of internet research. There was no plain
error.
Jimenez also contends that his sentence is substantively unreasonable. In
light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing
factors, the sentence is substantively reasonable. See Gall v. United States, 552
U.S. 38, 53-60 (2007).
AFFIRMED.

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