United States of America v. Joshua P. Scarborough

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSHUA P. SCARBOROUGH,
Defendant - Appellant.
No. 10-30040
D.C. No. 1:09-cr-00076-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief District Judge, Presiding
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Joshua P. Scarborough appeals the 60-month sentence imposed following
his guilty-plea convictions for theft of firearms from a federal licensee in violation
of 18 U.S.C. §§ 922(u), 2. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
FILED
JAN 21 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30040 2
Scarborough contends that his sentence is substantively unreasonable. The
record reflects that the 60-month sentence is substantively reasonable in light of
the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a).
See Gall v. United States, 552 U.S. 38, 51-52 (2007); see also United States v.
Orlando, 553 F.3d 1235, 1239 (9th Cir. 2009) (upholding upward variance where
the district court found the guideline sentence insufficient to provide the necessary
deterrence, to address the need for the defendant to learn respect for the law, and to
reflect the nature of the defendant’s criminal history).
AFFIRMED.

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