ROBERT GOGOLEWSKI child pornography sentence affirmed on appeal

ROBERT GOGOLEWSKI child pornography sentence affirmed on appeal at
http://www.ca9.uscourts.gov/datastore/memoranda/2009/06/22/08-10349.pdf

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT GOGOLEWSKI,
Defendant - Appellant.

No. 08-10349
D.C. No. 1:06-cr-00347-AWI

MEMORANDUM

Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted June 16, 2009
Before: PAEZ, TALLMAN, and N.R. SMITH, Circuit Judges.

Robert Gogolewski appeals from the 180-month sentence imposed
following his guilty-plea conviction for receipt or distribution of material
involving
the sexual exploitation of minors, in violation of 18 U.S.C. § 2252(a)(2).
We have
jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Gogolewski contends that the district court procedurally erred by sentencing
him under the mistaken belief that Ninth Circuit precedent limited the
extent to
which it could consider his history and characteristics, specifically a
history of
physical and sexual abuse, as well as mental illness. The district court did
not
procedurally err, and the sentence is reasonable. See Gall v. United States,
128 S.
Ct. 586, 596-97 (2007); see also United States v. Carty, 520 F.3d 984,
992-93 (9th
Cir. 2008) (en banc).

AFFIRMED.

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

FILED
JUN 22 2009
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
AK/Research 2 08-10349


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