United States v. Joseph Lira

MEMORANDUM

Joseph Dean Lira appeals from the district court’s judgment and challenges the 322-month sentence imposed on resentenc-ing following his jury-trial convictions for possession with intent to distribute, and distribution of, methamphetamine, and aiding and abetting, in violation of 21 U.S.C. § 841 (a)(1), and 18 U.S.C. § 2 ; and using or carrying and possession of firearms during and in relation to and in further- anee of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lira contends that his sentence is substantively unreasonable because it fails to account for his social background, including his drug addiction, and his post-sentencing conduct. The district court did not abuse its discretion in imposing Lira’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553 (a) sentencing factors and the totality of the circumstances, including Lira’s violent conduct. See id.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as…