Opinion
No. 10-30137.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 28, 2010.
Paulette Lynn Stewart, Assistant U.S., USHE — Office of the U.S. Attorney, Helena, MT, for Plaintiff-Appellee.
Michael Donahoe, Esquire, Assistant Federal Public Defender, FDMT — Federal Defenders of Montana, Helena Branch Office, Helena, MT, for Defendant-Appellant.
Appeal from the United States District Court for the District of Montana, Donald W. Molloy, District Judge, Presiding. D.C. No. 6:08-cr-00023-DWM.
Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Stephen Farrell appeals from the tenmonth sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Farrell contends that the district court erred by considering impermissible factors at sentencing. The record shows that the district court did not rely on impermissible factors "as a primary basis for [the] revocation sentence." United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006).
Farrell also contends that the sentence imposed is substantively unreasonable. In light of the totality of the circumstances, the sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).