UNITED STATES v. LAMERE (2020)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas Dennis LAMERE, Jr., Defendant-Appellant.

No. 19-30227

Decided: May 13, 2020

Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.

Cyndee L. Peterson, USMI - Office of the U.S. Attorney, Missoula, MT, Leif Johnson, Assistant U.S. Attorney, Office of the US Attorney, Billings, MT, for Plaintiff - Appellee Andrew J. Nelson, Esquire, Assistant Federal Public Defender, FDMT - Federal Defenders of Montana, Missoula, MT, for Defendant - Appellant

MEMORANDUM **

Nicholas Dennis Lamere, Jr. appeals from the district court’s judgment and challenges the 10-month sentence imposed upon his second revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Lamere contends that the within-Guidelines sentence is substantively unreasonable. The district court did not abuse its discretion in light of the 18 U.S.C. § 3583(e) sentencing factors and totality of the circumstances, including Lamere’s repeated violation of supervised release. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); see also United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007). Moreover, contrary to Lamere’s contention, the record reflects that the district court relied on only proper sentencing factors. See Simtob, 485 F.3d at 1062.

AFFIRMED.

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