United States of America v. Donald James Konshuk

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NOT FOR PUBLICATION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.
DONALD JAMES KONSHUK,
Defendant - Appellant.
No. 09-30393
D.C. No. 4:09-cr-00043-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Donald James Konshuk appeals from the 175-month sentence imposed
following his guilty-plea conviction for conspiracy to distribute methamphetamine,
in violation of 21 U.S.C. § 846. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
FILED
JUL 22 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30393 2
Konshuk contends that the district court procedurally erred at sentencing by
failing to provide individualized reasons for imposing the sentence or address the
non-frivolous arguments in support of a lower sentence. He further contends that
the sentence is substantively unreasonable. The record reflects that the district
court did not procedurally err, and that, in light of the totality of the circumstances,
the sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984,
991-93 (9th Cir. 2008) (en banc).
AFFIRMED.

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