USA v. Arrington

Sep 1, 2026
25-6638

MEMORANDUM*

Alex William Arrington appeals from the district court‘s judgment and challenges the 42-month sentence imposed following his guilty-plea conviction for unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(1).** We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Arrington contends that the district court erred by varying upwards from the Guidelines range based on disputed facts without making the requisite findings under Federal Rule of Criminal Procedure 32(i)(3)(B). However, Rule 32(i)(3)(B) “pertains only to unresolved objections to the presentence report[.]” United States v. Petri, 731 F.3d 833, 841 (9th Cir. 2013). Because the district court resolved Arrington‘s objections to the presentence report, his claim fails.

Moreover, contrary to Arrington‘s argument, the facts on which the district court relied in imposing the upward variance were supported by the record and amply justified the court‘s conclusion that an above-Guidelines sentence was warranted given “the propensity for violence that punctuates [Arrington‘s] criminal history and his background [and] the violence that provides the context for the charges here.” The district court did not rely on any improper information in selecting the sentence, see United States v. Vanderwerfhorst, 576 F.3d 929, 935-36 (9th Cir. 2009), and it adequately explained its reasons for the upward variance, see United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc). Moreover, the court did not abuse its discretion in imposing the above-Guidelines sentence, which is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007).

AFFIRMED.

Notes

*
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).