United States of America v. Rhett Christopher Trujillo

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RHETT CHRISTOPHER TRUJILLO,
Defendant - Appellant.
No. 12-50429
D.C. No. 2:11-cr-01185-SVW-1
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Argued and Submitted April 10, 2013
Pasadena, California
Before: FERNANDEZ, RAWLINSON, and BYBEE, Circuit Judges.
Appellant Rhett Christopher Trujillo (Trujillo) appeals the sentence imposed
by the district court. We affirm.
1. The district court did not err in applying a 5-level enhancement under
U.S.S.G. § 2B5.1(b)(2)(A) because there was sufficient evidence in the record to
FILED
MAY 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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support the court’s finding that Trujillo used the materials in his possession to
manufacture counterfeit currency. See United States v. Allen, 434 F.3d 1166, 1172
(9th Cir. 2006) (holding that the enhancement under § 2B5.1(b)(2)(A) applies
where there is “some linkage” between the counterfeiting materials in the
defendant’s possession and “the actual production of counterfeit obligations”).
2. Trujillo’s sentence was both procedurally sound and substantively
reasonable. The sentence was procedurally sound because the district court
properly applied the enhancement under U.S.S.G. § 2B5.1(b)(2)(A), correctly
calculated the Sentencing Guidelines range, and considered the 18 U.S.C. §
3553(a) factors. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en
banc) (discussing procedural error). The resulting within-Guidelines sentence was
substantively reasonable. See United States v. Blinkinsop, 606 F.3d 1110, 1116
(9th Cir. 2010) (noting that a within-Guidelines sentence is generally reasonable in
the “mine run of cases”).
AFFIRMED.

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