FILED
NOT FOR PUBLICATION MAY 21 2012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. 11-30232
Plaintiff - Appellee, D.C. No. 1:10-cr-00028-RFC
v.
MEMORANDUM *
BRENT MICHAEL WALLER,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Brent Michael Waller appeals from the 72-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). We have jurisdiction under 28 U.S.C. § 1291,
*
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).
and we affirm.
Waller contends that his above-Guidelines sentence is substantively
unreasonable. In light of the totality of the circumstances and the
18 U.S.C. § 3553(a) sentencing factors, the 72-month sentence is substantively
reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 11-30232