United States v. Nathan Thomas

MEMORANDUM

Nathan Eli Thomas appeals from the district court’s judgment and challenges the 48-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.

Thomas argues that the district court took “insufficient notice of substantial mitigating factors such as [his] skill as a musician, his reputation in the community as a kind, non-violent person, and the role of substance abuse in the commission of the offense.” He further contends that the court failed to “address the fact that [he] will not receive the full benefits of [the Bureau of Prisons’] residential drug treatment program.” We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103 , 1108 & n. 3 (9th Cir. 2010), and find none. The record reflects that the court considered and addressed Thomas’s mitigating arguments and concluded that they did not warrant a lower sentence.

In a related vein, Thomas argues that the district court “unduly discounted [his] history and characteristics, his talents as a person and musician, and his strong prospects for rehabilitation” in…