UNITED STATES OF AMERICA v. JOSEPH MORRISON (2017)

MEMORANDUM*

Joseph C. Morrison, Jr., appeals from the district court's judgment and challenges the 96-month sentence imposed following his guilty-plea conviction for involuntary manslaughter, in violation of 18 U.S.C. §§ 1112(a) and 1153(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Morrison contends that the district court failed to consider mitigating factors, such as his diminished capacity and alcohol addiction, and imposed a substantively unreasonable sentence. The record reflects that the court considered the testimony of the clinical psychologist who examined Morrison, as well as Morrison's other mitigating arguments, and concluded that an upward variance was nevertheless warranted. The court did not abuse its discretion. 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. § 3553(a) sentencing factors and the totality of the circumstances, including the nature of the offense and Morrison's history of drunk driving and other violent behavior. See Gall, 552 U.S. at 51.

AFFIRMED.