UNITED STATES v. SWAGER (2019)

MEMORANDUM **

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, 128 S.Ct. 586, 169 L.Ed.2d 445 (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, 128 S.Ct. 586; 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.