Court of Appeals for the Ninth Circuit March 6, 2009, No. 07-50317 (United States v. Caldwell)

MEMORANDUM *

William Blake Caldwell appeals his above-Guidelines sentence. We affirm.

The above-guidelines sentence is both a departure and a variance, because it was both justified “under the framework set out in the Guidelines” and “justified under the sentencing factors set forth in 18 U.S.C. § 3553(a).” Irizarry v. United States, 553 U.S.-,-, 128 S.Ct. 2198, 2202-03, 171 L.Ed.2d 28 (2008).