United States v. Byron Miller

U.S. Court of Appeals for the Ninth Circuit
United States v. Byron Miller, 357 F. App'x 928 (9th Cir. 2009)
Alarcón, Trott, Tashima

United States v. Byron Miller

Opinion

MEMORANDUM **

Byron Wayne Miller appeals from the 270-month sentence imposed upon resen-tencing following a successful 28 U.S.C. § 2255 motion. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

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, 552 U.S. 38, 128 S.Ct. 586, 596-97, 169 L.Ed.2d 445 (2007); see also United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Byron Wayne MILLER, Defendant-Appellant
Status
Unpublished