United States v. Cline, 222 F. App'x 644 (9th Cir. 2007). · Go Syfert
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United States
v.
Jason Wayne CLINE
No. 06-50138.
Court of Appeals for the Ninth Circuit.
Feb 26, 2007.
Unpublished opinion
222 F. App'x 644
Alessandra P. Serano, Esq., USSD-Offiee of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee., Michael Petrik, Jr., Esq., FDSD-Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.
Beistline, Kozinski, Trott.
Published

MEMORANDUM **

Given the state of the record, which included evidence that the act was premeditated, the District Court did not clearly[*645] err when it determined that defendant attempted First Degree Murder as defined by USSG § 2A2.1(a)(l). See United States v. Ferryman, 444 F.3d 1183, 1185 (9th Cir.2006) (factual findings made at sentencing are reviewed for clear error).

Further, given the mid-level Guideline sentence imposed and the lack of sufficient factual support for a claim of disparity, the District Court adequately articulated its sentencing decision in accordance with 18 U.S.C. § 3553(a). See United States v. Knows His Gun, 438 F.3d 913, 918-919 (9th Cir.2006).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.