United States of America v. Jerry Lee Huffman

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NOT FOR PUBLICATION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.
JERRY LEE HUFFMAN,
Defendant - Appellant.
No. 10-50608
D.C. No. 2:10-cr-00974-JFW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Jerry Lee Huffman appeals from the 46-month sentence imposed following
his guilty-plea conviction for bank robbery, in violation of 18 U.S.C. § 2113(a).
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 28 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50608 2
Huffman contends that the district court failed to explain adequately its
reasons for rejecting a sentence below the advisory Sentencing Guidelines range.
The record belies this contention. Accordingly, Huffman has not demonstrated
that the district court erred, let alone that it committed plain error. See United
States v. Waknine, 543 F.3d 546, 554-55 (9th Cir. 2008).
Huffman also contends that his sentence is substantively unreasonable. In
light of the totality of the circumstances and the sentencing factors set forth in 18
U.S.C. § 3553(a), the sentence at the low-end of the Guidelines range was
reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v.
Carty, 520 F.3d 984, 993-94 (9th Cir. 2008) (en banc).
AFFIRMED.

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