United States of America v. Terrance Earl Horton

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERRANCE EARL HORTON,
Defendant - Appellant.
No. 14-10272
D.C. No. 4:13-cr-00105-CW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Claudia Wilken, District Judge, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Terrance Earl Horton appeals from the district court’s judgment and
challenges the 46-month sentence imposed following his guilty-plea conviction for
being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C.
§ 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* 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).
FILED
APR 30 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-10272
Horton contends that his sentence is substantively unreasonable in light of
his mitigating circumstances, and because the government’s delay in prosecuting
him until after he was sentenced in state court increased his criminal history score
and precluded him from requesting that the state court run his state and federal
sentences concurrently. The district court did not abuse its discretion in imposing
Horton’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
low-end sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a)
sentencing factors and the totality of the circumstances, including Horton’s violent
criminal history. See Gall, 552 U.S. at 51.
AFFIRMED.

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