United States of America v. Tracy Swanson

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NOT FOR PUBLICATION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.
TRACY SWANSON,
Defendant - Appellant.
No. 09-30332
D.C. No. 2:08-cr-00173-RHW
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Robert H. Whaley, District Judge, Presiding
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Tracy Swanson appeals from the 48-month sentence imposed following her
guilty-plea conviction for conspiracy to utter counterfeit securities of an
organization, in violation of 18 U.S.C. §§ 371 and 513. We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
FILED
JUN 15 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30332 2
Swanson contends that the district court procedurally erred by failing to
address the nature and circumstance of her offense and her mitigating arguments.
The record reflects that the district court considered her arguments and the 18
U.S.C. § 3553(a) factors. See United States v. Treadwell, 593 F.3d 990, 1009-14
(9th Cir. 2010).
Contrary to Swanson’s other contention, the sentence imposed is
substantively reasonable under the totality of the circumstances. See United States
v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.

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