FILED
NOT FOR PUBLICATION OCT 16 2012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. 11-30358
Plaintiff - Appellee, D.C. No. 1:10-cr-00130-RFC
v.
MEMORANDUM *
DANIEL IVAN FRANTZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted October 9, 2012 **
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Daniel Ivan Frantz appeals from the 121-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
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).
Frantz contends that the district court procedurally erred by focusing on the
seriousness of the offense to the exclusion of the other 18 U.S.C. § 3553(a)
sentencing factors, and by basing his sentence on the erroneous conclusion that he
presents a risk of danger to young children. The record reflects that the district
court adequately considered the section 3553(a) sentencing factors and did not base
the sentence on any clearly erroneous facts. See United States v. Carty, 520 F.3d
984, 993 (9th Cir. 2008) (en banc).
Frantz also contends that his sentence is substantively unreasonable because
the district court did not vary from the child pornography Guidelines on policy
grounds, thereby creating a disparity between his sentence and the sentences of
defendants in cases where the court does vary downward. In light of the totality of
the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, the sentence at
the bottom of the Guidelines range is substantively reasonable. See Gall v. United
States, 552 U.S. 38, 51 (2007); United States v. Henderson, 649 F.3d 955, 964 (9th
Cir. 2011) (“[D]istrict courts are not obligated to vary from the child pornography
Guidelines on policy grounds if they do not have, in fact, a policy disagreement
with them.”).
AFFIRMED.
2 11-30358