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NOT FOR PUBLICATION JAN 24 2011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. 10-30036
Plaintiff - Appellee, D.C. No. 6:09-cr-00008-DWM
v.
MEMORANDUM *
ANTHONY SCOTT RICHARDS,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Anthony Scott Richards appeals from the 168-month sentence imposed
following his guilty-plea conviction for distribution 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).
Richards contends that his sentence is unreasonable because it was greater
than necessary to accomplish the statutory purposes of sentencing when considered
in light of his significant mental health issues. The record reflects that the district
court carefully considered his mental condition and emotional state as part of its
analysis of 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 10-30036