UNITED STATES v. WEIGHTMAN (2019)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Menes WEIGHTMAN, Defendant-Appellant.

No. 19-30080

Decided: October 23, 2019

Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges. Kelly Cavanaugh, Assistant U.S. Attorney, U.S. Department of Justice, Anchorage, AK, Bryan Wilson, Office of the U.S. Attorney, Anchorage, AK, for Plaintiff - Appellee Daniel F. Poulson, Gretchen L. Staft, Assistant Federal Public Defender, Federal Public Defender's Agency, Anchorage, AK, for Defendant - Appellant

MEMORANDUM **

Menes Weightman appeals from the district court’s judgment and challenges the sentence of 12 months and one day imposed on revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Weightman contends that the district court impermissibly imposed the sentence to promote his rehabilitation in violation of Tapia v. United States, 564 U.S. 319, 131 S.Ct. 2382, 180 L.Ed.2d 357 (2011). We review for plain error, see United States v. Grant, 664 F.3d 276, 279 (9th Cir. 2011), and conclude that there is none. While the district court encouraged Weightman to use his time in prison to create a transitional plan for his release, the record does not show that the court imposed or lengthened Weightman’s sentence to promote rehabilitation. See Tapia, 564 U.S. at 334, 131 S.Ct. 2382 (federal court does not run afoul of 18 U.S.C. § 3582(a) by “discussing the opportunities for rehabilitation within prison”).

AFFIRMED.