FILED
NOT FOR PUBLICATION APR 11 2011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. 10-30260
Plaintiff - Appellee, D.C. No. 1:97-cr-00124-JDS
v.
MEMORANDUM *
ALFRED PETERSON,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Jack D. Shanstrom, District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Alfred Peterson appeals from the 13-month sentence imposed upon
revocation of supervised release. 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).
Peterson contends that the district court procedurally erred by failing to
calculate the Guideline range. This contention is belied by the record.
Peterson also contends that the district court failed to consider the 18 U.S.C.
§ 3553(a) sentencing factors and failed to provide an adequate explanation of the
sentence. Contrary to Peterson’s contention, the record reflects that the district
court considered the relevant § 3553(a) factors. See 18 U.S.C. § 3583(e); see also
United States v. Miqbel, 444 F.3d 1173, 1181-82 (9th Cir. 2006). In addition, the
district court considered Peterson’s health issues, and the context and record make
clear the district court’s reasoning. See Rita v. United States, 551 U.S. 338, 359
(2007).
Moreover, in light of the totality of the circumstances and the factors
applicable under 18 U.S.C. § 3583(e), the sentence is substantively reasonable.
See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.
2 10-30260