United States v. Mario Weicks, 472 F. App'x 748

Weicks appeals the district court's sentence and the panel affirms.
The district court grouped four counts of sexual misconduct into two sentencing groups under U.S.S.G. § 3D1.2(b).
The two Las Vegas trips with the same victim occurred eight days apart, argued as separate criminal episodes.
Weicks argued the felon-in-possession count should be grouped with the sexual misconduct counts, but he waived this issue.
The district court denied a continuance to obtain a psychological evaluation and an updated presentence report, and proceeded with sentencing.
The appellate review finds the sentence substantively reasonable under Gall and affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether grouping of counts for sentencing was proper	Weicks argues for grouping as a single offense together with the two trips.	Weicks contends there was a single course of conduct or common objective warranting grouping.	Grouping not error; trips not a single course of conduct for grouping.
Whether the district court abused its discretion by denying a continuance for a psychological evaluation	Weicks sought a continuance for evaluation and updated PSR.	Court reasonably concluded record was sufficient to sentence without delay.	No abuse of discretion; record adequate for sentencing.
Whether the sentence was substantively reasonable under 18 U.S.C. § 3553(a) and Gall	Weicks asserts the sentence is substantively unreasonable.	The district court gave an individualized assessment per Gall.	Sentence not substantively unreasonable; affirmed.

United States v. Sneezer, 983 F.2d 920 (9th Cir. 1992) (grouping considerations for sexual assaults against same victim)
United States v. Bos, 917 F.2d 1178 (9th Cir. 1990) (continuance for PSR or psychological evaluation guidance)
United States v. Perez, 116 F.3d 840 (9th Cir. 1997) (en banc consideration; waiver principles)
Gall v. United States, 552 U.S. 38 (2007) (individualized § 3553(a) sentencing analysis)