United States Ninth Circuit

An environmental activist group member's sentence for conspiracy to commit arson and destruction of an energy facility, aiding and abetting attempted arson, and aiding and abetting arson is affirmed where: 1) a sentence outside the applicable advisory guidelines range was not per se unreasonable in being based on the district court's efforts to achieve sentencing parity between defendants who engaged in similar conduct, with some targeting government property and who were properly subject to a terrorism enhancement, and others targeting only private property who were not; 2) the district court did not clearly err by declining to apply a downward adjustment for a minimal role in the offense; and 3) the sentence was reasonable.

Appellate Information

• Decided 08/12/2008
• Published 08/12/2008

Judges

Court

• United States Ninth Circuit

Counsel