Opinion
No. 10-30029.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
July 19, 2011.
Appeal from the United States District Court for the District of Montana Jack D. Shanstrom, District Judge, Presiding D.C. No. 1:06-cr-00079-JDS.
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Lashawn Jermaine Johnson appeals from the 353-month sentence imposed following his jury-trial conviction for various drug offenses involving cocaine base. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Johnson contends that his sentence is substantively unreasonable because the sentence fails to account for the crack/powder disparity and other 18 U.S.C. § 3553(a) sentencing factors. In light of the totality of the circumstances and the factors set forth in section 3553(a), the sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.