Opinion
No. 14-30084
03-18-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TODD ALLEN SCHMIDT, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 6:13-cr-00014-SEH MEMORANDUM Appeal from the United States District Court for the District of Montana
Sam E. Haddon, District Judge, Presiding
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Todd Allen Schmidt appeals from this district court's judgment and challenges the 96-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Schmidt contends that his sentence is substantively unreasonable given his relatively minor role and the fact that he had "several years" of law-abiding conduct prior to the offense. The district court did not abuse its discretion in imposing Schmidt's within-Guidelines sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including Schmidt's criminal history and the fact that he was under supervision for a prior felony drug conviction at the time he committed the instant offense. See Gall, 552 U.S. at 51.
AFFIRMED.