United States v. Alan Richards

U.S. Court of Appeals for the Ninth Circuit
United States v. Alan Richards, 617 F. App'x 808 (9th Cir. 2015)

United States v. Alan Richards

Opinion

MEMORANDUM **

Alan Craig Richards appeals from the district court’s judgment and challenges the 36-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Richards contends that the district court erred by failing to address his sentencing arguments and by improperly relying on the need to punish to impose sentence. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects that the court considered Richards’ arguments before imposing sentence but simply found them unpersuasive. See Rita v. United States, 551 U.S. 338, 358-59, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007). The record also reflects that the district court did not base the sentence primarily on the need to punish. See United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007).

Richards next contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in *809 imposing Richards’ sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The 36-month sentence is substantively reasonable in light the of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Richards’ breaches of the court’s trust. See Gall, 552 U.S. at 51, 128 S.Ct. 586; Simtob, 485 F.3d at 1062-63 (at a revocation sentencing, the district court can sanction a violator for his breach of trust).

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. Alan Craig RICHARDS, Defendant-Appellant
Status
Unpublished