NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 17 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 20-30041
Plaintiff-Appellee, D.C. No. 1:19-cr-00092-SPW-1
v.
MEMORANDUM*
BENJAMIN IRA BADBEAR,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted November 9, 2020**
Before: THOMAS, Chief Judge, TASHIMA and W. FLETCHER, Circuit Judges.
Benjamin Ira Badbear appeals from the district court’s judgment and
challenges the 87-month sentence imposed following his guilty-plea conviction for
possession of a stolen firearm, receipt of a firearm by a person under indictment for
a felony, and being a prohibited person in possession of a firearm, in violation of
*
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).
18 U.S.C. § 922(j), (n) and (g). We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Badbear contends that the sentence is substantively unreasonable because of
his need for drug treatment, lack of prior felony convictions, and acceptance of
responsibility. The district court did not abuse its discretion. See Gall v. United
States, 552 U.S. 38, 51 (2007). The sentence at the low end of the Guidelines is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances, including the seriousness of the offense and
Badbear’s criminal history. See Gall, 552 U.S. at 51; see also United States v.
Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the
various factors in a particular case is for the discretion of the district court.”).
Moreover, contrary to Badbear’s contention, the record reflects that the district
court considered the § 3553(a) factors and Badbear’s arguments for a below-
Guidelines sentence. See United States v. Carty, 520 F.3d 984, 991-92 (9th Cir.
2008) (en banc).
AFFIRMED.
2 20-30041