United States of America v. Byron Wayne Miller

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
AK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BYRON WAYNE MILLER,
Defendant - Appellant.
No. 09-30091
D.C. No. 1:03-CR-00077-RFC
MEMORANDUM *
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Byron Wayne Miller appeals from the 270-month sentence imposed upon
resentencing following a successful 28 U.S.C. § 2255 motion. We have
jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AK/Research 09-30091 2
Miller contends that the sentence imposed is unreasonable because the
district court did not consider, weigh, and give effect to his substantial post-
sentencing rehabilitation in fashioning the sentence. The record reflects that the
district court did not procedurally err, and that the sentence is reasonable. See Gall
v. United States, 128 S. Ct. 586, 596-97 (2007); see also United States v. Carty,
520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
AFFIRMED.

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