UNITED STATES v. DIXSON (2018)

MEMORANDUM **

Justin Dean Dixson appeals from the district court’s judgment and challenges the 276-month sentence imposed following his guilty-plea conviction for sexual exploitation of a minor, in violation of 18 U.S.C. § 2551(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Dixson contends that the district court imposed a substantively unreasonable sentence because the court considered improper aggravating factors and deprived him of the benefit of his plea agreement. The district court did not abuse its discretion in imposing Dixson’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The district court correctly calculated the Guidelines range and then granted a four-level departure under U.S.S.G. § 5K1.1. In deciding to impose a sentence 14 months above the resulting range, the court properly considered several aggravating factors that it believed were not adequately reflected in the Guidelines calculation. See 18 U.S.C. § 3553(b)(2); United States v. Christensen, 828 F.3d 763, 819 (9th Cir. 2015). Moreover, the district court did not deny Dixson the benefit of his plea agreement. Dixson agreed that the district court could consider all relevant conduct and had complete discretion to impose any lawful sentence, including the statutory maximum of 360 months. The 276-month sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including the duration and extent of the abuse. See Gall, 552 U.S. at 51, 128 S.Ct. 586.

AFFIRMED.