United States v. Ted Kohr

MEMORANDUM

Ted Allen Kohr appeals from the eight-month term of imprisonment and the 24-month term of supervised release imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Kohr contends that the district court procedurally erred by (1) failing to consider the 18 U.S.C. § 3583 (e) factors and failing adequately to explain the sentence imposed; (2) improperly considering the seriousness of the offense; and (3) improperly considering Kohr’s need for rehabilitation. Because Kohr did not object to the sentence before the district court, we review for plain error. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010). The record reflects that the district court considered the section 3583(e) sentencing factors and adequately explained the sentence imposed. It further reflects that the district court took proper account of the seriousness of

Kohr’s conduct and did not impose sentence primarily on this basis. See United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir.2007). Finally, even if the district court plainly erred by considering Kohr’s need for substance abuse treatment when it imposed his sentence,…