United States v. Tobin

Full title: UNITED STATES of America, Plaintiff-Appellee, v. John P. TOBIN…

Court: United States Court of Appeals, Ninth Circuit

Date published: Oct 1, 2003

76 F. App'x 835 (9th Cir. 2003)

Opinion

76 Fed.Appx. 835 (9th Cir. 2003) UNITED STATES of America, Plaintiff-Appellee, v. John P. TOBIN, Defendant-Appellant. No. 03-30114. D.C. No. CR-02-00007-CCL. United States Court of Appeals, Ninth Circuit. October 1, 2003

Submitted September 15, 2003. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Montana, Charles C. Lovell, District Judge, Presiding.

Before B. FLETCHER, SILVERMAN and WARDLAW, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

John P. Tobin appeals his 46-month sentence imposed following his guilty-plea conviction for nineteen counts of money laundering in violation of 18 U.S.C. § 1956(a)(1)(A)(i). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we affirm.

Tobin contends that the district court incorrectly determined that he was not entitled to a downward departure for diminished mental condition pursuant to U.S. S.G. § 5K2.13. The district court did not clearly err by finding that Tobin's criminal history demonstrated a need to protect the public and thus, that a downward departure was not appropriate. See United States v. Davis, 264 F.3d 813, 815-16 (9th Cir.2001) (concluding that the sentencing guidelines prohibit a departure based on reduced mental capacity where the district court finds that the defendant's criminal history demonstrates a need for incarceration to protect the public).

AFFIRMED.