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UNITED STATES of America, Plaintiff-Appellee, v. Frank W. COON, Defendant-appellant.
MEMORANDUM **
Frank W. Coon appeals from the district court’s judgment and challenges the 210-month sentence imposed following his jury-trial conviction for receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2). We have jurisdiction under 28 U.S.C. § 1291. We affirm.
Coon contends that his sentence is substantively unreasonable in light of the alleged disparity between his sentence and the sentences received by similarly situated defendants. The district court did not abuse its discretion in imposing Coon’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The low-end sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. See Gall, 552 U.S. at 51, 128 S.Ct. 586. Moreover, the district court necessarily considered the issue of unwarranted disparities by properly calculating and reviewing the Guidelines range. See id. at 54, 128 S.Ct. 586 (“Since the District Judge correctly calculated and carefully reviewed the Guidelines range, he necessarily gave significant weight and consideration to the need to avoid unwarranted disparities.”).
Coon’s contention that the manner in which the child pornography guidelines were amended violates the separation of powers doctrine is foreclosed. See United States v. Kiefer, 760 F.3d 926, 929-30 (9th Cir. 2014) (rejecting argument that U.S.S.G. § 2G2.2 violates the separation of powers doctrine).
AFFIRMED.
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Docket No: No. 16-10517
Decided: March 19, 2018
Court: United States Court of Appeals, Ninth Circuit.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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