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

United States v. Wendolyn Howard

United States v. Wendolyn Howard
U.S. Court of Appeals for the Ninth Circuit · Decided September 2, 2015 · McKeown, Clifton, Hurwitz
615 F. App'x 462

United States v. Wendolyn Howard

Opinion

MEMORANDUM **

Wendolyn Howard appeals from the district court’s judgment and challenges the 20-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Howard contends that the sentence imposed by the district court is substantively unreasonable because it fails to account for his rehabilitative efforts and his acquittal of the most serious charges before him in state court. • The district court did not abuse its discretion in imposing Howard’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) factors and the totality of the circumstances, including Howard’s violent history and how rapidly he violated the conditions of his supervised release. 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 9th Cir. R, 36-3.

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