Opinion
No. 17-30111
05-17-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. WILSON LEE CLOW, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 6:12-cr-00638-AA MEMORANDUM Appeal from the United States District Court for the District of Oregon
Ann L. Aiken, District Judge, Presiding Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Wilson Lee Clow appeals from the district court's judgment and challenges the 24-month sentence imposed following his jury-trial convictions for selling firearms to a prohibited person, in violation of 18 U.S.C. § 922(d), and false statements during the sale of a firearm, in violation of 18 U.S.C. § 924(a)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Clow contends his sentence is substantively unreasonable because the district court focused too heavily on punishment and ignored his history of public service and other mitigating circumstances. He also suggests that the Guidelines range was unfairly inflated based on his decision to go to trial. The district court did not abuse its discretion in imposing Clow's sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). Contrary to Clow's argument, the court took explicit account of Clow's history of service, and community and family ties. The court also acknowledged Clow's medical problems. It did not punish Clow's decision to go to trial, but rather reasonably treated Clow's decision to perjure himself at trial, in combination with his decision to threaten one of the government's witnesses, as aggravating factors. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the below-Guidelines sentence is substantively reasonable. See Gall, 552 U.S. at 51.
AFFIRMED.