United States of America v. GILBERT G. WALKS, Jr.

12-30172Court of Appeals for the Ninth Circuit22 mar 2013

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NOT FOR PUBLICATION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.
GILBERT G. WALKS, Jr.,
Defendant - Appellant.
No. 12-30172
D.C. No. 1:11-cr-00065-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Gilbert G. Walks, Jr., appeals from the district court’s judgment and
challenges the 24-month sentence imposed following his guilty-plea conviction for
unlawfully trafficking in migratory birds, in violation of 16 U.S.C. §§ 703(a) and
FILED
MAR 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30172 2
707(b); and unlawfully trafficking in eagles, in violation of 16 U.S.C. § 668(a).
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Walks contends that the district court procedurally erred by failing to explain
adequately the reasons for imposing his sentence consecutive to a 180-month
sentence imposed in an unrelated case. We review for plain error, see United
States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none.
The record reflects that the district court adequately discussed the 18 U.S.C.
§ 3553(a) sentencing factors and explained why it believed that a consecutive
sentence was warranted. See United States v. Fifield, 432 F.3d 1056, 1064-66 (9th
Cir. 2005).
AFFIRMED.

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