UNITED STATES OF AMERICA v. ROSHAUN NAKIA PORTER (2016)

MEMORANDUM*

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.

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.