From Casetext: Smarter Legal Research

United States v. Slattery

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 2, 2016
656 F. App'x 346 (9th Cir. 2016)

Opinion

No. 15-50335

08-02-2016

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIAM SLATTERY, Defendant - Appellant.


NOT FOR PUBLICATION

D.C. No. 2:04-cr-00950-DDP MEMORANDUM Appeal from the United States District Court for the Central District of California
Dean D. Pregerson, District Judge, Presiding Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

William Slattery appeals from the district court's judgment and challenges the 24-month sentence imposed following his third revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Slattery contends that the sentence is substantively unreasonable because the district court overstated the seriousness of the violation and failed to credit his attempts at rehabilitation. The district court did not abuse its discretion in imposing Slattery's sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) factors and the totality of the circumstances, including Slattery's repeated breaches of the court's trust and the need to protect the public. See United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007). Moreover, contrary to Slattery's contention, the district court did not base the sentence on any clearly erroneous fact. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).

AFFIRMED.


Summaries of

United States v. Slattery

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 2, 2016
656 F. App'x 346 (9th Cir. 2016)
Case details for

United States v. Slattery

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLIAM SLATTERY…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 2, 2016

Citations

656 F. App'x 346 (9th Cir. 2016)