FILED
NOT FOR PUBLICATION MAR 08 2011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. 10-30060
Plaintiff - Appellee, D.C. No. 9:09-cr-00035-DWM
v.
MEMORANDUM *
TAMI L. CURLEY,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted February 15, 2010 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Tami L. Curley appeals from the 51-month sentence imposed following her
guilty-plea convictions for tax evasion, in violation of 26 U.S.C. § 7201, and wire
fraud, in violation of 18 U.S.C. § 1343. 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).
Curley contends that her above-Guidelines range sentence is substantively
unreasonable because it was greater than necessary to accomplish the statutory
purposes of sentencing. The district court emphasized Curley’s history and
characteristics and the nature and circumstances of the offense before concluding
that the advisory Guidelines range was insufficient to provide an appropriate
sentence. The sentence is substantively reasonable under the totality of the
circumstances, and in light of the 18 U.S.C. § 3553(a) sentencing factors. See Gall
v. United States, 552 U.S. 38, 51, 56-60 (2007); see also United States v. Carty,
520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.
2 10-30060