UNITED STATES v. ROBINSON (2019)

MEMORANDUM **

Robby Lee Robinson appeals from the district court’s judgment and challenges the 90-month sentence imposed on remand for resentencing following his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Robinson contends that the district court violated his due process rights at resentencing by incorrectly assuming that (1) he had access to drug rehabilitation programs, and (2) he willfully failed to take advantage of them. We review Robinson’s unpreserved sentencing challenge for plain error, see United States v. Vanderwerfhorst, 576 F.3d 929, 934 (9th Cir. 2009), and conclude that there is none. When read in context, the challenged statement reflects the court’s concern with Robinson’s failure to rehabilitate, as evidenced by his involvement in an assault in prison, his efforts to obstruct justice, his continued failure to accepted responsibility, and the violent nature of his offense. The district court, therefore, did not rely on “false or unreliable” information in imposing the sentence. See id. at 936.

AFFIRMED.