Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Stephanie J. Lister, Esq., USSP--Office of the U.S. Attorney, Spokane, WA, for Plaintiff-Appellee.
Terence M. Ryan, Esq., Spokane, WA, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Washington; Fred L. Van Sickle, District Judge, Presiding. D.C. No. CR-04-00257-FVS.
Before: LEAVY, W. FLETCHER, and RAWLINSON, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Terry Griffith appeals from the 57-month sentence imposed following his guilty-plea conviction for possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Griffith contends that the district court erred by failing to discuss all of the factors set forth in 18 U.S.C. § 3553(a), omitting a discussion of the kinds of sentences available. However, "[a] district court is not required to refer to each factor listed in § 3553(a)." United States v. Mix, 457 F.3d 906, 912 (9th Cir.2006). Further, the record reflects that the district court accurately calculated the applicable Guidelines range, and "gave thoughtful attention to factors recognized in § 3553(a)." United States v. Marcial-Santiago, 447 F.3d 715, 719 (9th Cir.2006). We conclude that the sentence imposed on Griffith, at the low end of the applicable Guidelines range, was not unreasonable in light of 18 U.S.C. § 3553(a). See Mix, 457 F.3d at 914.
AFFIRMED.