NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 21 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 18-10276

Plaintiff-Appellee, D.C. No. 2:13-cr-00287-GEB v.

MEMORANDUM* DEMETRI DEARTH,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of California

Garland E. Burrell, Jr., District Judge, Presiding

Submitted February 19, 2019** Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.

Demetri Dearth appeals from the district court’s judgment and challenges the 12-month sentence imposed following her guilty-plea conviction for making false statements and mail fraud, in violation of 18 U.S.C. §§ 1001 and 1341. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Dearth contends that the sentence is substantively unreasonable in light of the nature of the offense, her largely law-abiding life, her difficult childhood, her performance on pretrial release, and her role as a caregiver to her mother and spouse. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). Dearth’s sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including the number of crimes Dearth committed, the risk Dearth created to public safety, and the need to achieve deterrence. See Gall, 552 U.S. at 51. The record does not support Dearth’s contention that the district court failed to consider her caretaking role. Moreover, the court adequately explained the sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).

AFFIRMED.

2 18-10276