United States v. Vicki Heater

FILED

NOT FOR PUBLICATION MAR 29 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-30267

Plaintiff - Appellee, D.C. No. 1:08-cr-00060-RFC

v.

MEMORANDUM *

VICKI LYNN HEATER,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Richard F. Cebull, Chief District Judge, Presiding

Submitted March 16, 2010 **

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

Vicki Lynn Heater appeals from the 32-month sentence imposed following

her guilty-plea conviction for credit card fraud and aggravated identity theft, in

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

EOH/Research violation of 18 U.S.C. §§ 1029(a)(2), and 1028A(a)(1), respectively. We have

jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Heater contends that the district court…