
    UNITED STATES of America, Plaintiff-Appellee, v. Byron Wayne MILLER, Defendant-Appellant.
    No. 09-30091.
    United States Court of Appeals, Ninth Circuit.
    Submitted Nov. 17, 2009.
    
    Filed Dec. 14, 2009.
    James Edmund Seykora, Esquire, Assistant U.S., Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.
    
      Michael Donahoe, Esquire, Assistant Federal Public Defender, Federal Defenders of Montana, Helena Branch Office, Helena, MT, for Defendant-Appellant.
    Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Byron Wayne Miller appeals from the 270-month sentence imposed upon resen-tencing following a successful 28 U.S.C. § 2255 motion. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Miller contends that the sentence imposed is unreasonable because the district court did not consider, weigh, and give effect to his substantial post-sentencing rehabilitation in fashioning the sentence. The record reflects that the district court did not procedurally err, and that the sentence is reasonable. See Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 596-97, 169 L.Ed.2d 445 (2007); see also United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     