United States v. Day

MEMORANDUM ** James Riley Day appeals from his 33-month sentence imposed after pleading guilty to possession of a machine gun and felon in possession of a firearm, in violation of 18 U.S.C. §§ 922 (o) and (g)(1) and 924(a)(2). We have jurisdiction to review his sentence, United States v. Plouffe, 445 F.3d 1126, 1130-31 (9th Cir.), cert. denied, — U.S. -, 126 S.Ct. 2314 , 164 L.Ed.2d 832 (2006), and we affirm. Day contends that his 33-month sentence was unreasonable. We disagree. The record demonstrates that the district court properly considered the advisory Guidelines and weighed each factor set forth in 18 U.S.C. § 3553 (a), concluding that a sentence at the low end of the Guidelines was appropriate. The sentence imposed, which is at the bottom of the applicable Guidelines range, is not unreasonable. See id. at 1131 . AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.