United States of America v. Charles Bernard Parke

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NOT FOR PUBLICATION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.
CHARLES BERNARD PARKE,
Defendant - Appellant.
No. 09-30375
D.C. No. 2:08-cr-00024-CCL
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Charles Bernard Parke appeals from his 262-month sentence imposed
following his guilty-plea conviction for possession with intent to distribute
methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction
pursuant to 28 U.S.C. § 1291, and we affirm.
FILED
OCT 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30375 2
Parke contends that his sentence is unreasonable because the district court
failed to consider his extraordinary medical problems. The record reflects that the
district court thoroughly considered Parke’s arguments for a downward departure
based on his health issues, but found the circumstances insufficient to warrant a
sentence below the bottom of the advisory Guidelines range. The district court did
not procedurally err, and the sentence is substantively reasonable under the totality
of the circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007); see also
United States v. Carty, 520 F.3d 984, 995 (9th Cir. 2008) (en banc).
Parke’s request for new counsel is denied.
AFFIRMED.

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