UNITED STATES of America, Plaintiff-Appellee, v. Courtney D. VAUGHN, Defendant-Appellant.
Decided: December 08, 2020
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
James A. Goeke, Assistant U.S. Attorney, DOJ-United States Attorney's Office, Eastern District of Washington, Spokane, WA, for Plaintiff - Appellee John Stephen Roberts, Jr., FPDWA - Federal Public Defender's Office (Eastern WA & ID) Spokane, WA, for Defendant - Appellant
Courtney D. Vaughn appeals from the district court's judgment and challenges the 24-month sentence imposed following his third revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Vaughn contends that the above-Guidelines sentence is substantively unreasonable because the district court placed too much emphasis on his poor history on supervised release instead of focusing on his mitigating arguments regarding his efforts to become a better father and his mental health issues. 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 24-month sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Vaughn's repeated breaches of the district court's trust and his refusal to avail himself of opportunities presented by the court. See Gall, 552 U.S. at 51, 128 S.Ct. 586; United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007) (primary purpose of revocation sentence is to sanction defendant's breach of the court's trust).
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