Davis

MEMORANDUM ***

Richard Dennis Davis appeals the sentence imposed following his guilty plea to possession of sexually exploitive images of minors in interstate commerce, in violation *743 of 18 U.S.C. § 2252 (a)(4)(B). Davis contends that during sentencing, the District Court 1) improperly relied on the Sentencing Guidelines as the primary factor in determining his sentence, 2) gave insufficient weight to his charitable contributions, 3) failed to consider evidence of his diminished capacity, and 4) penalized him on the basis of his significant net worth. Davis’s arguments are without merit and we affirm the District Court.

We review a district court’s interpretation of the sentencing statute, 18 U.S.C. § 3553 (a), de novo. United States v. Zavala, 443 F.3d 1165, 1168 (9th Cir.2006). We review the overall sentence for reasonableness. United States v. Booker, 543 U.S. 220, 261-62 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005); United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006).

I.

Davis’s first argument, that the District Court improperly relied on the Sentencing Guidelines as the primary factor in determining his sentence, is without merit.

Following the Supreme Court’s…