Opinion
22-30011
11-16-2022
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DANIEL DIETZ, Defendant-Appellant.
NOT FOR PUBLICATION
Submitted November 10, 2022 Seattle, Washington
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding No. 6:07-cr-00024-BMM-1
Before: IKUTA and COLLINS, Circuit Judges, and FITZWATER, District Judge.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
MEMORANDUM
Daniel Dietz appeals from a sentence of six months of incarceration and a lifetime of supervised release imposed by the district court following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
We reject Dietz's argument that his sentence was substantively unreasonable. Dietz claims that the sentence of a lifetime of supervised release was longer than necessary to achieve the goals of sentencing because he was charged with the lowest grade of supervised release violations, see U.S.S.G. § 7B1.1(a)(3), this was his first revocation hearing, he was gainfully employed, and other equities weighed in his favor. We disagree. The district court properly considered the totality of the circumstances, including the facts that Dietz had contact with two different single mothers of minor children and that his sexoffender treatment provider stated that Dietz was exhibiting behaviors "consistent with offenders who are at immediate risk to re-offend sexually and violently." Further, the court found that "Dietz's violations of his conditions of supervised release represented] a serious breach of the Court's trust." Giving due deference to the district court, we conclude that the district court's sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984, 994-95 (9th Cir. 2008) (en banc); Gall v. United States, 552 U.S. 38, 53 (2007).
AFFIRMED.
The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation.