United States of America v. Robert Paul Hill

* 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT PAUL HILL,
Defendant - Appellant.
No. 07-10011
D.C. No. CR-04-00527-EHC
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
Earl H. Carroll, District Judge, Presiding
Submitted February 3, 2010 **
San Francisco, California
Before: HUG, BEEZER and HALL, Circuit Judges.
Defendant-appellant Robert Paul Hill (“Hill”) appeals from a final judgment
convicting him of one count of being a felon in possession of a firearm and
ammunition. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
FILED
MAR 29 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
The facts of this case are known to the parties. We do not repeat them.
We review “all sentencing decisions” for an abuse of discretion. United
States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc). The district court
properly exercised its discretion in sentencing Hill to 120 months imprisonment
and declining to grant a downward departure pursuant to Section 5K2.13 of the
Sentencing Guidelines. See U.S.S.G. § 5K2.13; see also United States v. Davis,
264 F.3d 813, 815–16 (9th Cir. 2001) (holding that courts lack discretion to depart
downward under Section 5K2.13 if incarceration is needed “to protect the public”).
AFFIRMED.

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