United States of America v. Randy Earl Blodgett

10-30010Court of Appeals for the Ninth Circuit24 gen 2011

Testo completo

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NOT FOR PUBLICATION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.
RANDY EARL BLODGETT,
Defendant - Appellant.
No. 10-30010
D.C. No. 4:09-cr-00098-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Randy Earl Blodgett appeals from the 97-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
JAN 24 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30010 2
Blodgett contends that his sentence is unreasonable in light of United States
v. Booker, 543 U.S. 220 (2005), and 18 U.S.C. § 3553(a), because the district court
failed to adequately account for the nature and circumstances of the offense or his
personal background. The record reflects that the district court carefully
considered the 18 U.S.C. § 3553(a) sentencing factors and provided a well-
reasoned and thorough explanation for the sentence imposed. The district court did
not procedurally err, and the sentence is substantively reasonable under the totality
of the circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007); see also
United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.

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