United States of America v. Steven Paul Peters

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NOT FOR PUBLICATION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.
STEVEN PAUL PETERS,
Defendant - Appellant.
No. 09-30387
D.C. No. 9:09-cr-00023-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Steven Paul Peters appeals from his low-end 70-month sentence imposed
following his guilty-plea conviction for conspiracy to possess with intent to
distribute heroin, in violation of 21 U.S.C. §§ 841(b)(1)(B) and 846. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30387 2
Peters contends that the district court imposed a substantively unreasonable
sentence because the sentence fails to sufficiently account for the time served on a
state sentence for the same conduct. The record reflects that the district court did
not procedurally err, see United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.
2008) (en banc), and that, under the totality of the circumstances, the sentence at
the bottom of the guidelines range is substantively reasonable. See Gall v. United
States, 552 U.S. 38, 51 (2007); see also Carty, 520 F.3d at 993.
AFFIRMED.

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