USA V. MONROE EZELL, No. 12-30061 (9th Cir. 2012)
Annotate this Case
Download PDF
FILED DEC 31 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-30061 D.C. No. 2:11-cr-00260-MJP v. MEMORANDUM * MONROE JAMES EZELL, Defendant - Appellant. Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, Chief Judge, Presiding Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Monroe James Ezell appeals from the district court s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). have jurisdiction under 28 U.S.C. § 1291, and we affirm. Ezell contends that the district court erred by lengthening his sentence based on his need for rehabilitation. Because Ezell failed to raise this objection at sentencing, we review for plain error. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010). The court did not plainly err because the record reflects that it did not lengthen the sentence based on Ezell s rehabilitative needs. See Tapia v. United States, 131 S. Ct. 2382, 2392 (2011) ( A court commits no error by discussing the opportunities for rehabilitation within prison or the benefits of specific treatment or training programs. ). AFFIRMED. 2 12-30061
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
