United States of America v. Thomas Joseph Cosand

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).
EH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
THOMAS JOSEPH COSAND,
Defendant - Appellant.
No. 09-30102
D.C. No. 1:07-CR-00127-JDS
MEMORANDUM *
Appeal from the United States District Court
for the District of Montana
Jack D. Shanstrom, District Judge, Presiding
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Thomas Joseph Cosand appeals from the 36-month sentence imposed
following his guilty-plea conviction for bank fraud, in violation of 18 U.S.C.
§ 1344. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
FILED
JAN 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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EH/Research 09-30102 2
Cosand contends that the district court procedurally erred by failing to
adequately explain the sentence imposed, and that the district court’s failure to
analyze the sentencing factors pursuant to 18 U.S.C. § 3555(a) resulted in an
unreasonable sentence. The record reflects that the district court properly
calculated the Guidelines range, was familiar with the parties’ arguments, and that
under the totality of the circumstances, the sentence imposed is substantively
reasonable. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en
banc).
AFFIRMED.

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