United States of America v. Jason Webb

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JASON WEBB,
Defendant - Appellant.
No. 13-10021
D.C. No. 2:12-cr-00049-KJD-
PAL-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted October 23, 2013 **
Before: HUG, FARRIS, and LEAVY, Circuit Judges.
Jason Webb appeals from the district court’s judgment and challenges the
77-month sentence imposed following his guilty-plea conviction for unlawful
possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JAN 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Webb contends that the district court erred when it denied him a departure
for imperfect duress under U.S.S.G. § 5K2.12. We do not review a district court’s
decision regarding whether to depart from the Sentencing Guidelines range.
United States v. Vasquez-Cruz, 692 F.3d 1001, 1005-08 (9th Cir. 2012); United
States v. Mohamed, 459 F.3d 979, 987 (9th Cir. 2006). Instead, if an appellant
contends that the district court erred when deciding whether to grant a departure,
we review the ultimate sentence for substantive reasonableness. Vasquez-Cruz,
692 F.3d at 1008; Mohamed, 459 F.3d at 987. Webb contends that Mohamed is no
longer good law because the Sentencing Commission subsequently amended
U.S.S.G. § 1B1.1 and because the Supreme Court implicitly overruled Mohamed in
United States v. Irizarry, 553 U.S. 708 (2008). We already have rejected these
arguments. See Vasquez-Cruz, 692 F.3d at 1005-08 (holding that amendment to §
1B1.1 did not abrogate Mohamed); United States v. Tankersley, 537 F.3d 1100,
1114 n.11 (9th Cir. 2008) (rejecting argument that Irizarry undermined Mohamed).
We therefore review Webb’s sentence for substantive reasonableness,
applying an abuse of discretion standard. See Gall v. United States, 552 U.S. 38,
51 (2007). The 77-month sentence, which is at the bottom of the applicable
Guidelines range, is substantively reasonable in light of the totality of the
circumstances and the 18 U.S.C. § 3553(a) factors, including Webb’s prior
2

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conviction for unlawful possession of a firearm and other extensive criminal
history, the seriousness of the offense, and the need for the sentence to promote
respect for the law and provide deterrence. See id.
AFFIRMED.
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