FILED

NOT FOR PUBLICATION OCT 17 2012

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, Nos. 11-30382 11-30383 Plaintiff - Appellee, 11-30384 11-30385 v. D.C. Nos. 2:07-cr-02065-LRS GLEN RAY BRIGGS, 2:07-cr-02063-LRS 2:07-cr-02114-LRS Defendant - Appellant. 2:07-cr-02066-LRS

MEMORANDUM *

Appeal from the United States District Court for the Eastern District of Washington Lonny R. Suko, District Judge, Presiding

Submitted October 9, 2012 **

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

In these consolidated appeals, Glen Ray Briggs appeals from the 240-month

sentence imposed following his guilty-plea convictions for various drug, firearm

* 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). and escape offenses. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Briggs contends that his sentence is substantively unreasonable because his

Guidelines sentencing range was based on a fictional amount of drugs, and because

the sentence is greater than necessary to accomplish the goals of sentencing. The

district court considered Briggs’s mitigation arguments, including his contentions

regarding the fictional nature of the drugs, in imposing a below-Guidelines

sentence. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a)

sentencing factors, the sentence is substantively reasonable. See Gall v. United

States, 552 U.S. 38, 51 (2007).

AFFIRMED.

2 11-30382, 11-30383, 11-30384, 11-30385