United States of America v. Clifford James Schuett

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NOT FOR PUBLICATION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.
CLIFFORD JAMES SCHUETT,
Defendant - Appellant.
No. 10-10243
D.C. No. 2:10-cr-00118-RLH
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Clifford James Schuett appeals from the 42-month sentence imposed
following his guilty-plea conviction for threatening to kill or cause damage by
explosive, a violation of 18 U.S.C. § 844(e). We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
FILED
FEB 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10243 2
Schuett contends that his sentence is substantively unreasonable given his
criminal history and his motivation for committing the offense. In light of the
totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a),
particularly the need for the sentence to reflect the seriousness of the crime and to
protect the public, the district court’s sentence is not substantively unreasonable.
See United States v. Carty, 520 F.3d 984, 993-94 (9th Cir. 2008) (en banc).
AFFIRMED.

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