United States v. Heater

MEMORANDUM ** Vicki Lynn Heater appeals from the 32-month sentence imposed following her guilty-plea conviction for credit card fraud and aggravated identity theft, in violation of 18 U.S.C. §§ 1029 (a)(2), and 1028A(a)(l), respectively. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Heater contends that the district court procedurally erred by failing to consider the mitigating circumstances presented and imposed a substantively unreasonable sentence. The record indicates that the district court considered Heater’s arguments and the 18 U.S.C. § 3553 (a) sentencing factors. See Rita v. United States, 551 U.S. 338, 356-59 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 991-92, 995 (9th Cir.2008) (en banc). Furthermore, in light of the totality of the circumstances, including the 18 U.S.C. § 3553 (a) sentencing factors, the district court’s sentence is substantively reasonable. See Carty, 520 F.3d at 993 . AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.