UNITED STATES v. SHAWL (2019)

MEMORANDUM **

William Martin Shawl appeals from the district court’s judgment and challenges the 36-month sentence imposed following his guilty-plea conviction for escape from custody, in violation of 18 U.S.C. §§ 751(a) and 4082(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Shawl contends that the sentence is substantively unreasonable in light of the mitigating factors, including his difficult upbringing, the recent deaths in his family, and the non-serious nature of the offense. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The record reflects that the court considered Shawl’s arguments but concluded that an above-Guidelines sentence was warranted. The sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Shawl’s significant criminal history and the need to protect the public. See Gall, 552 U.S. at 51, 128 S.Ct. 586; United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the various factors in a particular case is for the discretion of the district court.”).

AFFIRMED.