United States v. Lloyd Gardley

MEMORANDUM

Lloyd H. Gardley appeals from the district court’s judgment and challenges the 135-month sentence imposed following his guilty-plea convictions for bank fraud and two counts of mail fraud, in violation of 18 U.S.C. § 1341 , and conspiracy to commit bank fraud, mail fraud, and wire fraud, in violation of 18 U.S.C. § 1349 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gardley contends that the district court procedurally erred at sentencing by not explicitly addressing his argument that he should receive only a 30-month sentence because he had health problems resulting in a short life expectancy. Because Gard-ley did not object on these grounds below, we review for- plain error. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010); United States v. Dallman, 533 F.3d 755, 761-62 (9th Cir. 2008). The record shows that the district court was aware of Gardley’s arguments and the relevant evidence, that the court noted that it had reviewed the parties’ submissions and had heard the statements by counsel and the defendant, and that the court provided numerous reasons for the sentence, which was at the bottom of the Guidelines range. Thus,…