Opinion
No. 11-30151 D.C. No. 1:08-cr-00081-RFC
12-30-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JASON LEE FISHER, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted December 19, 2011
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Jason Lee Fisher appeals from the 22-month sentence imposed following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Fisher contends that the district court procedurally erred because it failed to explain its reasons for imposing an above-Guidelines sentence. He also contends that his sentence is substantively unreasonable because the district court impermissibly relied on factors not enumerated in 18 U.S.C. § 3583(e). Fisher's contentions are not supported by the record. The district court did not procedurally err, and Fisher's sentence is reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007) ("[A] district court may properly look to and consider the conduct underlying the revocation as one of many acts contributing to the severity of the violator's breach of trust so as not to preclude a full review of the violator's history and the violator's likelihood of repeating that history.").
AFFIRMED.