FILED
NOT FOR PUBLICATION OCT 04 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-30259
Plaintiff-Appellee, D.C. No. 3:13-cr-00122-SLG
v.
MEMORANDUM*
ROBERT EARL CUNNINGHAM,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Alaska
Sharon L. Gleason, District Judge, Presiding
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
Robert Earl Cunningham appeals from the district court’s judgment and
challenges the 600-month sentence imposed following his guilty-plea conviction
for six counts of sexual exploitation of a child, in violation of 18 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§§ 2251(a), (b), and (e). We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Cunningham contends that the sentence is substantively unreasonable. The
district court did not abuse its discretion in imposing Cunningham’s sentence. See
Gall v. United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence is
substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality
of the circumstances, including the nature of the offense and the need to protect the
public. See Gall, 552 U.S. at 51.
AFFIRMED.
2 14-30259