Opinion
No. 07-30486.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 29, 2008.
Lori Harper Suek, Esq., USBI — Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.
John P. Rhodes, Esq., FDMT — Federal Defenders of Montana, Missoula, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, Chief District Judge, Presiding. D.C. No. CR-07-00032-DWM.
Before: GOODWIN, WALLACE and RYMER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jessie Gayle Harris, Sr. appeals from the 24-month sentence imposed after his guilty-plea conviction for being an unlawful user of a controlled substance, in violation of 18 U.S.C. § 922(g)(3). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Harris contends that the district court procedurally erred at sentencing by applying the appellate standard of reasonableness and by placing undue weight on his need for medical care. He also contends that the sentence is substantively unreasonable in light of the 18 U.S.C. § 3553(a) factors. We conclude that the district court did not procedurally err, and that the sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).