United States of America v. Eileen Marie Geller

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NOT FOR PUBLICATION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.
EILEEN MARIE GELLER,
Defendant - Appellant.
No. 10-50210
D.C. No. 2:08-cr-00358-GHK
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
George H. King, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Eileen Marie Geller appeals from the 36-month sentence imposed following
her guilty-plea conviction for five counts of health care fraud, in violation of 18
U.S.C. § 1347. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
FEB 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

10-50210 2
Geller contends that the district court procedurally erred when it failed to
consider or explain adequately why it rejected Geller’s arguments for a lenient
sentence and the probation officer’s recommendation. The record belies her
contention. The district court considered Geller’s mitigating arguments and
adequately explained that in light of the severity of the offense and the need to
promote respect for the law, a sentence one month below the advisory Guidelines
range was warranted. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.
2008) (en banc).
AFFIRMED.

-- 2 of 2 --