U.S. Court of Appeals for the Ninth Circuit, 2014

United States v. Mark Steffen

United States v. Mark Steffen
U.S. Court of Appeals for the Ninth Circuit · Decided June 17, 2014 · McKeown, Wardlaw, Smith
579 F. App'x 571

United States v. Mark Steffen

Opinion

MEMORANDUM **

Mark Robert Steffen appeals from the district court’s judgment and challenges *572 the 24-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Steffen contends that the district court erred by relying on improper factors in making its sentencing decision. We review for plain error, see United States v. Hammons, 558 F.3d 1100, 1103 (9th Cir. 2009), and find none. The record reflects that the district court properly considered the relevant sentencing factors specified in 18 U.S.C. § 3583(e) and did not impose the sentence on the basis of any improper factor. See United States v. Miqbel, 444 F.3d 1173, 1181-82 (9th Cir. 2006).

Steffen also contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Steffen’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The 24-month sentence is substantively reasonable in light of the section 3583(e) sentencing factors and the totality of the circumstances, including Steffen’s breach of trust and the need to deter. See id.; Miqbel, 444 F.3d at 1182.

Finally, we reject Steffen’s contention that the district court breached a promise made at a previous sentencing hearing.

AFFIRMED.

**

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

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