United States v. Isaiah Follet

MEMORANDUM

Isaiah Thomas Follet appeals from the 60-month sentence and lifetime term of supervised release imposed following his guilty-plea conviction for failure to register as a sex offender, in violation of 18 U.S.C. § 2250 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Follet contends that the district court erred by imposing a sentence above the Guidelines range after simultaneously applying an upward departure based on the inadequacy of his criminal history category, and imposing an upward variance pursuant to the 18 U.S.C. § 3553 (a) sentencing factors. The record reflects that the district court did not procedurally err and that the sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 50-51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc); United States v. Mohamed, 459 F.3d 979, 988-89 (9th Cir.2006).

Follet also contends that the district court’s imposition of a lifetime term of supervised release was unreasonable. We conclude that the district court was within its discretion to find that a lifetime term of supervised release was necessary to comply with…