U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Richard Lonebear

United States v. Richard Lonebear
U.S. Court of Appeals for the Ninth Circuit · Decided October 5, 2011 · Hawkins, Silverman, Fletcher
451 F. App'x 710

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.