United States of America v. Roshaun Nakia Porter

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROSHAUN NAKIA PORTER,
Defendant - Appellant.
No. 15-50084
D.C. No. 8:12-cr-00097-JLS
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Josephine L. Staton, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Roshaun Nakia Porter appeals from the district court’s judgment and
challenges the 240-month sentence imposed following his guilty-plea conviction
for conspiracy to engage in sex trafficking, in violation of 18 U.S.C. § 1594(c).
We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
FILED
AUG 02 2016
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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Porter contends that his sentence is substantively unreasonable because the
district court failed to grant a downward departure under U.S.S.G. § 4A1.3(b),
which authorizes the district court to depart when the defendant’s criminal history
category overstates the seriousness of his criminal history. Our review of a district
court’s decision whether to depart under section 4A1.3 is limited to determining
whether the court imposed a substantively unreasonable sentence. See United
States v. Ellis, 641 F.3d 411, 421-22 (9th Cir. 2011). The district court did not
abuse its discretion in imposing Porter’s sentence. See Gall v. United States, 552
U.S. 38, 51 (2007). The within-Guidelines sentence is substantively reasonable in
light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the
circumstances, including Porter’s criminal history and the violent nature of the
offense. See Gall, 552 U.S. at 51.
AFFIRMED.
15-50084 2

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