United States v. Randy Blodgett

FILED NOT FOR PUBLICATION JAN 24 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-30010 Plaintiff - Appellee, D.C. No. 4:09-cr-00098-SEH v. MEMORANDUM * RANDY EARL BLODGETT, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding Submitted January 10, 2011 ** Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges. Randy Earl Blodgett appeals from the 97-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. * 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). Blodgett contends that his sentence is unreasonable in light of United States v. Booker, 543 U.S. 220 (2005), and 18 U.S.C. § 3553(a), because the district court failed to adequately account for the nature and circumstances of the offense or his personal background. The record reflects that the district court carefully considered the 18 U.S.C. § 3553(a) sentencing factors and provided a well- reasoned and thorough explanation for the sentence imposed. The district court did not procedurally err, and the sentence is substantively reasonable under the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc). AFFIRMED. 2 10-30010