UNITED STATES v. HUGHES (2019)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Tyler Benton HUGHES, Defendant-Appellant.

No. 19-30075

Decided: October 23, 2019

Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges. Leif Johnson, Assistant U.S. Attorney, Office of the US Attorney, Billings, MT, Paulette Lynn Stewart, Assistant U.S. Attorney, USHE - Office of the US Attorney, Helena, MT, for Plaintiff - Appellee Joslyn Michelle Hunt, FDMT-Federal Defenders of Montana, Helena, MT, for Defendant - Appellant

MEMORANDUM **

Tyler Benton Hughes appeals from the district court’s judgment and challenges the 13-month sentence imposed upon his second revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Hughes contends that his sentence is substantively unreasonable because the district court placed undue emphasis on testimony from a probation officer that Hughes had a poor attitude towards rehabilitative treatment. 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 within-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Hughes’s numerous violations of the conditions of his supervision and his failure to avail himself of previous treatment opportunities. See Gall, 552 U.S. at 51, 128 S.Ct. 586; see also 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.