USA V. ROBERT CUNNINGHAM, No. 14-30259 (9th Cir. 2016)

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FILED OCT 04 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 14-30259 D.C. No. 3:13-cr-00122-SLG v. MEMORANDUM* ROBERT EARL CUNNINGHAM, Defendant-Appellant. Appeal from the United States District Court for the District of Alaska Sharon L. Gleason, District Judge, Presiding Submitted September 27, 2016** Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges. Robert Earl Cunningham appeals from the district court’s judgment and challenges the 600-month sentence imposed following his guilty-plea conviction for six counts of sexual exploitation of a child, in violation of 18 U.S.C. * 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). §§ 2251(a), (b), and (e). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Cunningham contends that the sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Cunningham’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including the nature of the offense and the need to protect the public. See Gall, 552 U.S. at 51. AFFIRMED. 2 14-30259

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