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NOT FOR PUBLICATION MAR 14 2011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. 10-50086
Plaintiff - Appellee, D.C. No. 2:08-cr-01382-CAS
v.
MEMORANDUM *
JOHN ANTHONY MILLER,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
John Anthony Miller appeals from the 159-month sentence imposed
following his guilty-plea conviction for bribery of a public official in violation of
18 U.S.C. § 201(b)(1), making a false statement in a passport application in
violation of 18 U.S.C. § 1542, aggravated identity theft in violation of 18 U.S.C.
*
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).
§ 1028A, and mail fraud in violation of 18 U.S.C. § 1341. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Miller contends that the district court procedurally erred when it failed to
consider or explain why it rejected the government’s request for a three-level
downward variance in light of Miller’s cooperation.
The record reflects that the district court considered the arguments and
adequately explained that in light of the severity of the offense, a sentence below
the Guidelines range was not warranted. See Rita v. United States, 551 U.S. 338,
359 (2007); see also United States v. Carty, 520 F.3d 984, 995 (9th Cir. 2008) (en
banc).
AFFIRMED.
2 10-50086