United States v. Richard Lonebear

U.S. Court of Appeals for the Ninth Circuit
United States v. Richard Lonebear, 451 F. App'x 710 (9th Cir. 2011)

United States v. Richard Lonebear

Opinion

MEMORANDUM **

Richard Eugene Lonebear appeals from the lifetime term of supervised release imposed following his guilty-plea conviction for abusive sexual contact, in violation of 18 U.S.C. §§ 1153(a) and 2244(a)(5). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Lonebear contends that the district court’s imposition of a lifetime term of supervised release constitutes cruel and unusual punishment under the Eighth Amendment, and is substantively unreasonable. The imposition of a lifetime term of supervised release is not unconstitutionally disproportionate given the circumstances of the case. See United States v. Williams, 636 F.3d 1229, 1232-1233 (9th Cir. 2011). The sentence is also substantively reasonable under the totality of the circumstances and in light of the sentencing factors set forth in 18 U.S.C. § 3553(a). See United States v. Daniels, 541 F.3d 915, 922-23 (9th Cir. 2008); see also U.S.S.G. § 5D1.2(b) (policy statement) (recommending the maximum term of supervised release if the offense of conviction is a sex offense).

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Richard Eugene LONEBEAR, Defendant—Appellant
Status
Unpublished