United States of America v. Ray Short

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RAY SHORT,
Defendant-Appellant.
No. 15-30224
D.C. No. 4:14-cr-00273-BLW
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Ray Short appeals from the district court’s judgment and challenges the 180-
month sentence imposed following his guilty-plea conviction for attempted sexual
exploitation of a minor child, in violation of 18 U.S.C. § 2251(a). We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
AUG 02 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Short contends that his mandatory minimum sentence of 15 years violates
the Eighth Amendment because it is cruel and unusual punishment. He argues
that, given his age, poor health, and life expectancy, the 15-year sentence is
effectively a life sentence, which is disproportionate to his offense. We review de
novo. See United States v. Shill, 740 F.3d 1347, 1355 (9th Cir. 2014). Short’s
contention lacks merit because the sentence is not grossly disproportionate to the
conduct underlying the offense. See id. (a sentence violates the Eighth
Amendment when it is grossly disproportionate to the crime).
AFFIRMED.
15-30224 2

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