United States v. Laymon McGauhey, III

FILED
NOT FOR PUBLICATION JAN 06 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-30093
Plaintiff - Appellee, D.C. No. 1:06-CR-00104-RFC
v.
LAYMON PARKER McGAUHEY III, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Laymon Parker McGauhey III appeals from the 235-month sentence
imposed following his guilty-plea conviction for transportation of child
pornography, in violation of 18 U.S.C. § 2252A(a)(1). We have jurisdiction
*
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).
JC/Research
pursuant to 28 U.S.C. § 1291, and we affirm.
McGauhey contends the district court abused its discretion by imposing a
sentence consecutive to his Nevada state sentence of life with parole eligibility
after 120 months because the 235-month consecutive sentence is greater than
necessary to accomplish the 18 U.S.C. § 3553(a) goals and is therefore
substantively unreasonable. In light of the totality of the circumstances of this case
and the § 3553(a) sentencing factors, the sentence is not substantively
unreasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v.
Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.
JC/Research 2 09-30093