FILED
NOT FOR PUBLICATION MAR 14 2011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. 10-30193
Plaintiff - Appellee, D.C. No. 3:10-cr-00020-HRH
v.
MEMORANDUM *
MAATAUA KALAPU
MANOGIAMANU,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Alaska
H. Russel Holland, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Maataua Kalapu Manogiamanu appeals from his guilty-plea conviction and
120-month sentence for being a felon in possession of firearms and ammunition, in
violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We have jurisdiction under 28
*
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).
U.S.C. § 1291, and we affirm.
Manogiamanu first contends that the district court procedurally erred when it
failed to explain why it rejected his request for a lesser sentence given the fact that
his acceptance of responsibility did not result in a sentence lower that than the
statutory maximum. The record reflects that the district court appropriately
considered the 3553(a) factors, and adequately explained why a lesser sentence
was not warranted. See Rita v. United States, 551 U.S. 338, 359 (2007).
Manogiamanu next contends that the district court procedurally erred by
applying a presumption of reasonableness to a Guideline sentence and treated the
Guidelines as mandatory. The record belies this contention.
Finally, the record reflects that the sentence imposed 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, 51-52 (2007).
AFFIRMED.
2 10-30193