FILED
NOT FOR PUBLICATION JAN 11 2010
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. 09-30184
Plaintiff - Appellee, D.C. No. 2:08-cr-00106-RHW
v.
MEMORANDUM *
CHRISTOPHER M. WILLIAMS,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Robert H. Whaley, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Christopher M. Williams appeals from the 85-month sentence imposed
following his guilty-plea conviction for possession with intent to distribute five
*
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).
NC/Research
grams or more of a mixture or substance containing cocaine base (crack cocaine),
in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(iii). We have jurisdiction pursuant
to 28 U.S.C. § 1291, and we affirm.
Williams contends that the sentence, which the district court imposed
consecutive to an undischarged state sentence, is substantively unreasonable. The
record reflects that the district court properly based the sentence on the factors set
forth in 18 U.S.C. § 3553(a), including Williams’ violent criminal history, and that,
in light of the totality of the circumstances, the sentence is not substantively
unreasonable. See United States v. Carty, 520 F.3d 984, 993-94, 996 (9th Cir.
2008) (en banc).
AFFIRMED.
NC/Research 2 09-30184