USA v. Randall Brown, No. 09-30239 (9th Cir. 2010)
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FILED OCT 28 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-30239 D.C. No. 3:08-cr-00279-ALH v. MEMORANDUM * RANDALL ALLEN BROWN, Defendant - Appellant. Appeal from the United States District Court for the District of Oregon Ancer L. Haggerty, District Judge, Presiding Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. Randall Allen Brown appeals from the 46-month sentence imposed following his guilty-plea conviction for two counts of bank robbery, in violation of 18 U.S.C. § 2113(a). 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 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). Brown contends that the district court procedurally erred at sentencing by presuming that the Guidelines range was reasonable and by failing to explain why it was rejecting his arguments for a lower sentence. Brown further contends that the sentence imposed is substantively unreasonable. The record reflects that the district court made an individualized determination based on the facts, adequately explained the sentence, and did not otherwise procedurally err. See United States v. Carty, 520 F.3d 984, 991-93, 995 (9th Cir. 2008) (en banc). Additionally, in light of the totality of the circumstances, the sentence at the bottom of the Guidelines range is substantively reasonable. See id. at 993-94. AFFIRMED. 2 09-30239
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