FILED
NOT FOR PUBLICATION MAR 29 2011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. 10-30109
Plaintiff - Appellee, D.C. No. 6:09-cr-00009-DM
v.
MEMORANDUM *
RUSSELL BRADNEY,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Russell Bradney appeals from the 120-month sentence imposed following
his bench-trial 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).
Bradney contends that the sentence is procedurally and substantively
unreasonable in light of the district court’s failure to consider and adequately
weigh all of the factors under 18 U.S.C. § 3553(a), including his lack of criminal
history and the need to avoid unwarranted sentence disparities. The record reflects
that the district court did not procedurally err and that, in light of the totality of the
circumstances, the sentence was substantively reasonable. See United States v.
Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc); United States v. Stoterau,
524 F.3d 988, 998-1002 (9th Cir. 2008).
AFFIRMED.
2 10-30109