United States v. Byron Miller

FILED
NOT FOR PUBLICATION DEC 14 2009
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. 09-30091
Plaintiff - Appellee, D.C. No. 1:03-CR-00077-RFC
v.
MEMORANDUM *
BYRON WAYNE MILLER,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief District Judge, Presiding
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Byron Wayne Miller appeals from the 270-month sentence imposed upon
resentencing following a successful 28 U.S.C. § 2255 motion. We have
jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
AK/Research
Miller contends that the sentence imposed is unreasonable because the
district court did not consider, weigh, and give effect to his substantial post-
sentencing rehabilitation in fashioning the sentence. The record reflects that the
district court did not procedurally err, and that the sentence is reasonable. See Gall
v. United States, 128 S. Ct. 586, 596-97 (2007); see also United States v. Carty,
520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
AFFIRMED.
AK/Research 2 09-30091