United States of America v. Jason Alexander Shimada

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NOT FOR PUBLICATION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.
JASON ALEXANDER SHIMADA,
Defendant - Appellant.
No. 10-10169
D.C. No. 2:09-cr-00387-JCM
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Jason Alexander Shimada appeals from the 63-month sentence imposed
following his guilty-plea convictions for armed bank robbery, in violation of 18
U.S.C. § 2113(a), (d). We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
FILED
JAN 21 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10169 2
Shimada contends that his sentence is substantively unreasonable because he
lacked any “serious” criminal history and voluntarily ceased his criminal activities
before his arrest. The record reflects that the 63-month sentence is substantively
reasonable in light of the totality of the circumstances and the factors set forth in
18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 56-57 (2007)
(recognizing deference owed to the district court’s reasoned and reasonable
decision to grant downward variance).
AFFIRMED.

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