Opinion
No. 18-30233
06-14-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ANDREW THOMAS SWAGER, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 6:09-cr-00012-CCL-1 MEMORANDUM Appeal from the United States District Court for the District of Montana
Charles C. Lovell, District Judge, Presiding Before: CANBY, GRABER, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Andrew Thomas Swager appeals from the district court's judgment and challenges the 10-month sentence imposed upon his sixth revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Swager contends that the sentence is substantively unreasonable in light of the "technical" nature of some of his violations and the mitigating circumstances surrounding one of his violations. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The court considered Swager's mitigating arguments and imposed a within-Guidelines sentence that is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Swager's repeated breaches of the court's trust. See Gall, 552 U.S. at 51; see also United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007) (at a revocation sentencing, the district court may sanction the defendant for his breach of the court's trust).
AFFIRMED.