United States v. Jerry Huffman

FILED NOT FOR PUBLICATION OCT 28 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-50608 Plaintiff - Appellee, D.C. No. 2:10-cr-00974-JFW v. MEMORANDUM * JERRY LEE HUFFMAN, Defendant - Appellant. Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding Submitted October 25, 2011 ** Before: TROTT, GOULD, and RAWLINSON, Circuit Judges. Jerry Lee Huffman appeals from the 46-month sentence imposed following his guilty-plea conviction for bank robbery, in violation of 18 U.S.C. § 2113(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). Huffman contends that the district court failed to explain adequately its reasons for rejecting a sentence below the advisory Sentencing Guidelines range. The record belies this contention. Accordingly, Huffman has not demonstrated that the district court erred, let alone that it committed plain error. See United States v. Waknine, 543 F.3d 546, 554-55 (9th Cir. 2008). Huffman also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a), the sentence at the low-end of the Guidelines range was reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Carty, 520 F.3d 984, 993-94 (9th Cir. 2008) (en banc). AFFIRMED. 2 10-50608