FILED
NOT FOR PUBLICATION JUL 19 2011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. 10-30029
Plaintiff - Appellee, D.C. No. 1:06-cr-00079-JDS
v.
MEMORANDUM *
LASHAWN JERMAINE JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Jack D. Shanstrom, District Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Lashawn Jermaine Johnson appeals from the 353-month sentence imposed
following his jury-trial conviction for various drug offenses involving cocaine
base. 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).
Johnson contends that his sentence is substantively unreasonable because the
sentence fails to account for the crack/powder disparity and other 18 U.S.C.
§ 3553(a) sentencing factors. In light of the totality of the circumstances and the
factors set forth in section 3553(a), the sentence is substantively reasonable. See
United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.
2 10-30029