Sherman

MEMORANDUM **

Gerald Alan Sherman appeals from the 84-month sentence imposed, on resentenc-ing, following his jury-trial conviction for wire fraud in violation of 18 U.S.C. § 1343 , mail fraud in violation of 18 U.S.C. § 1341 , and securities fraud in violation of 15 U.S.C. §§ 78ff(a), 783(b), and 17 C.F.R. § 240 .10b. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Sherman contends that the district court procedurally erred by failing to consider the 18 U.S.C. § 3553 (a) factors at his re-sentencing hearing. This contention fails because, as the record shows, both parties presented arguments related to the § 3553(a) factors at resentencing, and the district court, after listening to the arguments, imposed the same sentence it imposed at the original sentencing. See Rita v. United States, 551 U.S. 338 , 127 S.Ct. 2456, 2468-69 , 168 L.Ed.2d 203 (2007). Even assuming error, we conclude that Sherman has failed to show that his substantial rights were affected. See United States v. Dallman, 533 F.3d 755, 761-62 (9th Cir.2008).

Sherman further contends that his sentence is substantively unreasonable. In light of the totality of the circumstances, we conclude that…