U.S. Court of Appeals for the Ninth Circuit, 2015

United States v. Todd Schmidt

United States v. Todd Schmidt
U.S. Court of Appeals for the Ninth Circuit · Decided March 18, 2015 · Farris, Wardlaw, Paez
598 F. App'x 556

United States v. Todd Schmidt

Opinion

MEMORANDUM **

Todd Allen Schmidt appeals from this district court’s judgment and challenges the 96-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Schmidt contends that his sentence is substantively unreasonable given his relatively minor role and the fact that he had “several years” of law-abiding conduct pri- or to the offense. The district court did not abuse its discretion in imposing Schmidt’s within-Guidelines sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including Schmidt’s criminal history and the fact that he was under supervision for a prior felony drug conviction at the time he committed the instant offense. See Gall, 552 U.S. at 51, 128 S.Ct. 586.

AFFIRMED.

**

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

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