Opinion
No. 11-30320 D.C. No. 1:11-cr-00002-JDS
09-20-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHANE JON BRAATEN, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Montana
Jack D. Shanstrom, District Judge, Presiding
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Shane Jon Braaten appeals from the 110-month sentence imposed following his guilty-plea conviction for receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Braaten contends that the district court failed to explain adequately the basis for its sentence and ignored his policy arguments challenging the child pornography Guideline. The record reflects that the court sufficiently explained the reasons for imposing the below-Guidelines sentence, and that it considered Braaten's arguments. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc); United States v. Perez-Perez, 512 F.3d 514, 516 (9th Cir. 2008).
Braaten also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, Braaten's below-Guidelines sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.