Testo completo
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NOT FOR PUBLICATION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.
MATTHEW ALLEN EATON,
Defendant - Appellant.
No. 10-50162
D.C. No. 3:09-cr-03366-IEG
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Irma E. Gonzalez, Chief District Judge, Presiding
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Matthew Allen Eaton appeals from the 27-month sentence imposed
following his guilty-plea conviction for conspiracy to transport stolen property in
interstate and foreign commerce, in violation of 18 U.S.C. §§ 371 and 2314. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JAN 05 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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10-50162 2
Eaton contends that the district court erred by imposing a two-level upward
adjustment under U.S.S.G. § 3B1.4 for using a minor to commit a crime. The
record reflects that the district court did not clearly err in finding that Eaton
affirmatively used his children in the conspiracy. See United States v.
Castro-Hernandez, 258 F.3d 1057, 1060-61 (9th Cir. 2001).
AFFIRMED.
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