United States of America v. Vicki Lynn Heater

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).
EOH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VICKI LYNN HEATER,
Defendant - Appellant.
No. 09-30267
D.C. No. 1:08-cr-00060-RFC
MEMORANDUM *
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Vicki Lynn Heater appeals from the 32-month sentence imposed following
her guilty-plea conviction for credit card fraud and aggravated identity theft, in
FILED
MAR 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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violation of 18 U.S.C. §§ 1029(a)(2), and 1028A(a)(1), respectively. We have
jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Heater contends that the district court procedurally erred by failing to
consider the mitigating circumstances presented and imposed a substantively
unreasonable sentence. The record indicates that the district court considered
Heater’s arguments and the 18 U.S.C. § 3553(a) sentencing factors. See Rita v.
United States, 551 U.S. 338, 356-59 (2007); United States v. Carty, 520 F.3d 984,
991-92, 995 (9th Cir. 2008) (en banc). Furthermore, in light of the totality of the
circumstances, including the 18 U.S.C. § 3553(a) sentencing factors, the district
court’s sentence is substantively reasonable. See Carty, 520 F.3d at 993.
AFFIRMED.

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