Opinion
24-1741
12-24-2024
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARK STEVEN ELKSHOULDER, Defendant-Appellant.
NOT FOR PUBLICATION
Submitted December 17, 2024 [**]
Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding D.C. No. 1:23-cr-00035-SPW-1
Before WALLACE, GRABER, and BUMATAY, Circuit Judges.
MEMORANDUM [*]
Mark Steven Elkshoulder appeals from the district court's judgment and challenges the 33-month sentence imposed following his guilty-plea conviction for failure to register as a sex offender in violation of 18 U.S.C. § 2250(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Elkshoulder contends that his sentence, which is at the bottom of the Guidelines range, is substantively unreasonable. He argues that the district court should have granted a "moderate downward variance" to reflect his mitigating circumstances, including the results of a recent psychosexual evaluation and the fact that he had already served a revocation sentence for related conduct. The district court considered these factors, however, and did not abuse its discretion in denying Elkshoulder's request for a variance. 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) factors and the totality of the circumstances, including Elkshoulder's extensive criminal history, which included three prior convictions for failure to register. See Gall, 552 U.S. at 51; 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.
[*]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).