FILED NOT FOR PUBLICATION MAR 29 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 09-30267 Plaintiff - Appellee, D.C. No. 1:08-cr-00060-RFC v. MEMORANDUM * VICKI LYNN HEATER, Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Richard F. Cebull, Chief District Judge, Presiding Submitted March 16, 2010 ** Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

Vicki Lynn Heater appeals from the 32-month sentence imposed following her guilty-plea conviction for credit card fraud and aggravated identity theft, in

* 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).

EOH/Research violation of 18 U.S.C. §§ 1029(a)(2), and 1028A(a)(1), respectively. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Heater contends that the district court procedurally erred by failing to consider the mitigating circumstances presented and imposed a substantively unreasonable sentence. The record indicates that the district court considered Heater’s arguments and the 18 U.S.C. § 3553(a) sentencing factors. See Rita v. United States, 551 U.S. 338, 356-59 (2007); United States v. Carty, 520 F.3d 984, 991-92, 995 (9th Cir. 2008) (en banc). Furthermore, in light of the totality of the circumstances, including the 18 U.S.C. § 3553(a) sentencing factors, the district court’s sentence is substantively reasonable. See Carty, 520 F.3d at 993.

AFFIRMED.

EOH/Research 2 09-30267