United States v. Patrick Raney

FILED NOT FOR PUBLICATION MAY 18 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10484 Plaintiff - Appellee, D.C. No. 2:10-cr-00612-HDM v. MEMORANDUM * PATRICK RANEY, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding Submitted May 15, 2012 ** Before: CANBY, GRABER, and M. SMITH, Circuit Judges Patrick Raney appeals from the 87-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We have jurisdiction under 28 U.S.C. * 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). § 1291, and we affirm. Raney contends that the sentence is substantively unreasonable because the district court failed to consider several of his mitigating arguments. The record reflects that the district court considered Raney’s arguments in mitigation, and engaged in a thorough analysis of the 18 U.S.C. § 3553(a) sentencing factors, before concluding that a sentence at the high end of the adjusted Guidelines range was appropriate. The sentence is substantively reasonable in light of the totality of the circumstances and the section 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 (2007). AFFIRMED. 2 11-10484