U.S. Court of Appeals for the Ninth Circuit, 2008

United States v. Myers

U.S. Court of Appeals for the Ninth Circuit · Decided September 30, 2008

295 F. App'x 214

Counsel

Christopher K. Lui, Office of the U.S. Attorney, Michael J. Raphael, Esq., Assistant U.S., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee., Richard D. Goldman, Michael Tanaka, FPDCA — Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.

Opinion of the Court

MEMORANDUM **

Robert Norman Myers appeals from the 151-month sentence imposed following his guilty-plea conviction for bank robbery, in violation of 18 U.S.C. § 2113(a). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Myers contends that his sentence is substantively unreasonable because: (1) his designation as a career offender overstates the seriousness of the instant offense and his criminal history; and (2) other mitigating evidence warrants a lower sentence. We conclude that Myers’s sentence is reasonable in light of his extensive criminal history, the need for deterrence, and the other factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States,-U.S. -, 128 S.Ct. 586, 600-02, 169 L.Ed.2d 445 (2007); see also United States v. Stoterau, 524 F.3d 988, 1000-02 (9th Cir . 2008).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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