Opinion
No. 17-30164
04-13-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DANIEL LEE RATHMAN, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 1:09-cr-00218-BLW MEMORANDUM Appeal from the United States District Court for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Daniel Lee Rathman appeals from the district court's judgment and challenges the 14-month sentence imposed upon his third revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rathman contends that the sentence is substantively unreasonable in light of the mitigating arguments he made in the district court in support of his request for a six-month sentence. The court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Rathman's repeated violations of supervised release. See Gall, 552 U.S. at 51; see also United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007). Moreover, contrary to Rathman's claim, the record reflects that the district court considered his arguments for a below-Guidelines sentence but found them unpersuasive. See Rita v. United States, 551 U.S. 338, 358 (2007).
AFFIRMED.