FILED
NOT FOR PUBLICATION JAN 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10169
Plaintiff - Appellee, D.C. No. 2:09-cr-00387-JCM
v.
MEMORANDUM *
JASON ALEXANDER SHIMADA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Jason Alexander Shimada appeals from the 63-month sentence imposed
following his guilty-plea convictions for armed bank robbery, in violation of 18
U.S.C. § 2113(a), (d). We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Shimada contends that his sentence is substantively unreasonable because he
lacked any “serious” criminal history and voluntarily ceased his criminal activities
before his arrest. The record reflects that the 63-month sentence is substantively
reasonable in light of the totality of the circumstances and the factors set forth in
18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 56-57 (2007)
(recognizing deference owed to the district court’s reasoned and reasonable
decision to grant downward variance).
AFFIRMED.
2 10-10169