USA v. Jason Shimada, No. 10-10169 (9th Cir. 2011)

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FILED JAN 21 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-10169 D.C. No. 2:09-cr-00387-JCM v. MEMORANDUM * JASON ALEXANDER SHIMADA, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Submitted January 10, 2011 ** Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges. Jason Alexander Shimada appeals from the 63-month sentence imposed following his guilty-plea convictions for armed bank robbery, in violation of 18 U.S.C. § 2113(a), (d). 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). Shimada contends that his sentence is substantively unreasonable because he lacked any serious criminal history and voluntarily ceased his criminal activities before his arrest. The record reflects that the 63-month sentence is substantively reasonable in light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 56-57 (2007) (recognizing deference owed to the district court s reasoned and reasonable decision to grant downward variance). AFFIRMED. 2 10-10169

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