United States v. Amber Heilman-Blanton

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 23 2019

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-30064

Plaintiff-Appellee, D.C. No. 2:16-cr-00188-JLR-2 v.

MEMORANDUM* AMBER HEILMAN-BLANTON,

Defendant-Appellant.

Appeal from the United States District Court for the Western District of Washington James L. Robart, District Judge, Presiding Submitted October 15, 2019**

Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.

Amber Heilman-Blanton appeals from the district court’s judgment and challenges the 14-month sentence imposed upon her second revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Heilman-Blanton contends that the district court erred by failing to explain *

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. the sentence adequately. We review for plain error, see United States v. Valencia- Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there is none. The record reflects that the district court sufficiently explained its reasons for imposing a sentence one month above the Guidelines range, including Heilman- Blanton’s history of noncompliance and her unsuitability for supervised release. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc). Moreover, contrary to Heilman-Blanton’s contention, the district court did not rely on impermissible sentencing factors. See 18 U.S.C. § 3583(e); United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006).

Heilman-Blanton also contends that the sentence is substantively unreasonable in light of the alleged procedural errors and her struggles with substance abuse. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances. See Gall, 552 U.S. at 51.

AFFIRMED.

2 19-30064