![]() ![]() 2008) (en banc) (“dequate explanation in some cases may also be inferred from the PSR or the record as a whole.”). The record as a whole reflects the basis for the district court's determination, and the district court did not plainly err in its explanation. The district court expressly discussed Fink's argument regarding his criminal history category and ultimately determined that a downward variance was not warranted because the circumstances of Fink's crimes of conviction demonstrated that he posed a danger to the public. Easy to use, credible, transparent lawyer search, based on your legal needs and location. He is licensed and practices in Nevada and Arizona and is also admitted in New York and New Jersey. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. Schopick David is an associate in Springel & Fink’s Nevada office and has been practicing law for over twenty years. Because Fink raises this contention for the first time on appeal, we review for plain error. § 1291, and we affirm.įink contends that the district court procedurally erred by failing to provide an adequate explanation for its rejection of Fink's argument that his criminal history category overrepresented the seriousness of his criminal history. Can't find what you are looking for Avvo has 97 of all lawyers in the US. § 922(g)(1), and possession of an unregistered firearm, in violation of 26 U.S.C. David Fink David Emanuel Fink Civil rights Attorney at Baltimore, MD 5.0 1 review Message Call and speak with several attorneys to find best fit for your specific legal issue. Joshua David Fink appeals from the district court's judgment and challenges the concurrent 63-month sentences imposed following his guilty-plea convictions for being a felon in possession of firearms and ammunition, in violation of 18 U.S.C. David Fink David Emanuel Fink Civil rights Attorney at Baltimore, MD 5. 16-50412 Decided: December 22, 2017īefore: WALLACE, SILVERMAN, and BYBEE, Circuit Judges. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. United States Court of Appeals, Ninth Circuit. ![]()
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