FILED
NOT FOR PUBLICATION SEP 20 2012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. 11-30320
Plaintiff - Appellee, D.C. No. 1:11-cr-00002-JDS
v.
MEMORANDUM *
SHANE JON BRAATEN,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Jack D. Shanstrom, District Judge, Presiding
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Shane Jon Braaten appeals from the 110-month sentence imposed following
his guilty-plea conviction for receipt of child pornography, in violation of 18
U.S.C. § 2252A(a)(2). We have jurisdiction under 28 U.S.C. § 1291, and we
*
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).
affirm.
Braaten contends that the district court failed to explain adequately the basis
for its sentence and ignored his policy arguments challenging the child
pornography Guideline. The record reflects that the court sufficiently explained
the reasons for imposing the below-Guidelines sentence, and that it considered
Braaten’s arguments. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.
2008) (en banc); United States v. Perez-Perez, 512 F.3d 514, 516 (9th Cir. 2008).
Braaten also contends that his sentence is substantively unreasonable. In
light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing
factors, Braaten’s below-Guidelines sentence is substantively reasonable. See Gall
v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 11-30320