FILED
NOT FOR PUBLICATION AUG 11 2011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. 10-30248
Plaintiff - Appellee, D.C. No. 1:08-cr-00132-RFC
v.
MEMORANDUM *
ADRIAN GARY GOODBEAR,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted August 2, 2011 **
Before: RYMER, IKUTA, and N.R. SMITH, Circuit Judges.
Adrian Gary Goodbear appeals from the life sentence imposed following his
guilty-plea conviction for second degree murder, in violation of 18 U.S.C. §§ 1111
and 1153(a). 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).
Goodbear contends that the district court “did not adequately weigh or give
consideration to [his] history and characteristics” under 18 U.S.C. § 3553(a). The
record shows that the district court did properly consider the factors, as it
addressed several of the section 3553(a) factors at the sentencing hearing. See
United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc) (“The district
court need not tick off each of the § 3553(a) factors to show that it has considered
them.”).
Goodbear also contends that his sentence is substantively unreasonable. In
light of the totality of the circumstances and the section 3553(a) sentencing factors,
Goodbear’s sentence is reasonable. id. at 993.
AFFIRMED.
2 10-30248