FILED
NOT FOR PUBLICATION NOV 25 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30336
Plaintiff - Appellee, D.C. No. 1:10-cr-00135-DWM
v.
MEMORANDUM*
JOSEPH DEAN LIRA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Joseph Dean Lira appeals from the district court’s judgment and challenges
the 322-month sentence imposed on resentencing following his jury-trial
convictions for possession with intent to distribute, and distribution of,
methamphetamine, and aiding and abetting, in violation of 21 U.S.C. § 841(a)(1),
*
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).
and 18 U.S.C. § 2; and using or carrying and possession of firearms during and in
relation to and in furtherance of a drug trafficking crime, in violation of 18 U.S.C.
§ 924(c). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Lira contends that his sentence is substantively unreasonable because it fails
to account for his social background, including his drug addiction, and his post-
sentencing conduct. The district court did not abuse its discretion in imposing
Lira’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The within-
Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a)
sentencing factors and the totality of the circumstances, including Lira’s violent
conduct. See id.
AFFIRMED.
2 13-30336