Pierce

MEMORANDUM **

Kenneth Pierce pleaded guilty to possessing and distributing sexually explicit images of minors in violation of 18 U.S.C. §§ 2252 (a)(2) and (4). On appeal, he challenges the district court’s decision to impose a sentence at the high end of the applicable sentencing guideline range based on the likelihood of recidivism. We affirm.

DISCUSSION

We have jurisdiction because we construe Pierce’s argument to be a challenge to the district court’s compliance with 18 U.S.C. § 3553 (a). That section mandates a district court to consider enumerated factors “in determining the sentence to be imposed.” The district court’s failure to consider these factors may constitute “a violation of law” that gives rise to appellate review under 18 U.S.C. § 3742 (a)(1). See United States v. Cervantes-Valenzuela, 931 F.2d 27, 29 (9th Cir.1991).

Pierce contends that the court improperly focused on recidivism and failed to consider other sentencing factors mandated by § 3553(a). The record does not support that contention. Rather, the district court repeatedly acknowledged its responsibility to consider § 3553(a) factors. The court noted Pierce’s background and reviewed the nature and…