FILED NOT FOR PUBLICATION MAR 29 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 09-30189 Plaintiff - Appellee, D.C. No. 4:08-cr-00141-SEH v. MEMORANDUM * TIMOTHY BRUCE RUDDLE, Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding Submitted March 16, 2010 ** Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

Timothy Bruce Ruddle appeals from his 210-month sentence imposed following a guilty-plea conviction for receipt of child pornography, in violation of

* 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).

GT/Research U.S.C. § 2252A(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Ruddle contends that the district court procedurally erred by failing adequately to explain the sentence imposed and that the sentence, at the high-end of the Sentencing Guidelines, is substantively unreasonable. The record reflects that the district court adequately explained the sentence. See United States v. Perez-Perez, 512 F.3d 514, 516-17 (9th Cir. 2008). Further, in light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), the sentence is not unreasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).

AFFIRMED.

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