United States v. McFarland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 31 2026

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

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-4850

D.C. No. Plaintiff - Appellee, 3:17-cr-00270-JAH-8 v.

MEMORANDUM* DEMETRIUS MONTRE MCFARLAND, AKA Mechii Ruu,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California John A. Houston, District Judge, Presiding

Submitted August 25, 2026**

Before: SILVERMAN, N.R. SMITH, and DE ALBA, Circuit Judges.

Demetrius Montre McFarland appeals from the district court’s judgment and challenges the 24-month sentence imposed upon revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*

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

McFarland contends the sentence is substantively unreasonable in light of his purportedly lesser role in the violation offense, his profession of innocence in the underlying offense, and his rehabilitative intentions. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The above- Guidelines sentence is substantively reasonable in light of the relevant 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including McFarland’s serious breach of the court’s trust and poor performance on supervised release. See Gall, 552 U.S. at 51.

AFFIRMED.

2 24-4850