FILED
NOT FOR PUBLICATION DEC 31 2012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. 11-30355
Plaintiff - Appellee, D.C. No. 1:11-cr-30004-PA
v.
MEMORANDUM *
JOHN AINERD DOUGAL,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Owen M. Panner, District Judge, Presiding
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
John Ainerd Dougal appeals from the district court’s judgment and
challenges the 260-month sentence imposed following his guilty-plea conviction
for using a minor to produce a visual depiction of sexually explicit conduct, in
*
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).
violation of 18 U.S.C. §§ 2 and 2251(a). We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Dougal contends that the district court procedurally erred by failing to
explain the sentence adequately, to address Dougal’s comparative culpability, and
to respond to evidence that Dougal represented a low recidivism risk. We review
for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th
Cir. 2010), and conclude that the court did not err. The court listened to Dougal’s
mitigation evidence, considered the differences between Dougal and his
codefendant, and sufficiently explained the reasons for imposing the sentence. See
United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc) (“The district
court need not tick off each of the § 3553(a) factors to show that it has considered
them.”).
Dougal also contends that his sentence is substantively unreasonable. The
district court did not abuse its discretion in imposing Dougal’s sentence. See Gall
v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances, including the need to punish and to promote
respect for the law. See id.
AFFIRMED.
2 11-30355