United States of America v. Paul Baker, a.k.a. Darwin Stanton Baker, Jr., a.k.a. Paul D. Baker, a.k.a. Paul…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PAUL BAKER, a.k.a. Darwin Stanton
Baker, Jr., a.k.a. Paul D. Baker, a.k.a. Paul
Douglas Baker,
Defendant-Appellant.
No. 16-50163
D.C. No. 2:11-cr-00543-JFW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Paul Baker appeals from the district court’s judgment and challenges the
aggregate 135-month sentence imposed following his jury-trial convictions for
conspiracy to commit mail fraud, wire fraud, and offer and sale of unregistered
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-50163
securities, in violation of 18 U.S.C. § 371; mail fraud securities, in violation of 18
U.S.C. § 1341; wire fraud, in violation of 18 U.S.C. § 1343; offer and sale of
unregistered securities and aiding and abetting and causing an act to be done, in
violation of 15 U.S.C. §§ 77e and 77x and 18 U.S.C. § 2. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Baker contends that the district court procedurally erred by failing to address
his request for a downward departure for mental and emotional conditions and
physical condition under U.S.S.G. §§ 5H1.3 and 5H1.4. We review for plain error,
see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and
conclude that there was none. The record reflects that the court considered Baker’s
arguments and sufficiently explained its reasons for concluding that a mid-range
sentence was warranted. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.
2008) (en banc).
AFFIRMED.

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