United States of America v. JOSHUA A. McKNIGHT

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).
EF/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSHUA A. McKNIGHT,
Defendant - Appellant.
No. 09-30119
D.C. No. 6:08-CR-00011-CCL
MEMORANDUM *
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Joshua A. McKnight appeals from the 98-month sentence imposed following
his guilty-plea conviction for possession of stolen firearms, in violation of
FILED
MAR 08 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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EF/Research 09-30119 2
18 U.S.C. § 922(j). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we
affirm.
McKnight contends that the district court erred at sentencing by failing to:
(1) consider all of the factors set forth in 18 U.S.C. § 3553(a); (2) make an
individualized determination based on the facts presented; and (3) provide an
adequate explanation for his sentence. He also contends that his sentence is
unreasonable in light of his mitigating personal circumstances and the sentence
imposed on his co-defendant. The record indicates that the district court did not
procedurally err and that McKnight’s sentence is substantively reasonable. See
Rita v. United States, 551 U.S. 338, 356-59 (2007); see also United States v. Carty,
520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.

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