NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 26 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 20-30190

Plaintiff-Appellee, D.C. No. 6:20-cr-00004-SEH-1 v. COLTER JOSEPH EPLER, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court

for the District of Montana

Sam E. Haddon, District Judge, Presiding

Submitted April 20, 2021** Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges.

Colter Joseph Epler appeals from the district court’s judgment and challenges the 51-month sentence imposed following his guilty-plea conviction for being a prohibited person in possession of firearms and ammunition, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). affirm.

Epler contends that the sentence is substantively unreasonable because the district court gave excessive weight to his criminal history and insufficient weight to his positive personal characteristics. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The within- Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Epler’s extensive criminal history. See Gall, 552 U.S. at 51; see also United States v. Gutierrez- Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the various factors in a particular case is for the discretion of the district court.”).

AFFIRMED.

2 20-30190