United States of America v. David Keith Merriman

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NOT FOR PUBLICATION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.
DAVID KEITH MERRIMAN,
Defendant - Appellant.
No. 12-30396
D.C. No. 1:11-cr-00025-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, District Judge, Presiding
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
David Keith Merriman appeals from the district court’s judgment and
challenges the 96-month sentence imposed following his guilty-plea conviction for
receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2). We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 02 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30396 2
Merriman contends that his sentence is substantively unreasonable in light of
his background, age, lack of criminal history, and low risk of recidivism. The
district court did not abuse its discretion in imposing Merriman’s sentence. See
Gall v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence is
substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and
the totality of the circumstances, including Merriman’s failure to recognize the
severity of his offense. See id.
To the extent that Merriman claims that the district court erred by failing to
consider all of the section 3553(a) sentencing factors and by ignoring his policy
argument that the child pornography Guidelines result in an unduly harsh sentence,
the record does not support these contentions.
AFFIRMED.

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