United States v. Todd Schmidt

MEMORANDUM

Todd Allen Schmidt appeals from this district court’s judgment and challenges the 96-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Schmidt contends that his sentence is substantively unreasonable given his relatively minor role and the fact that he had “several years” of law-abiding conduct pri- or to the offense. The district court did not abuse its discretion in imposing Schmidt’s within-Guidelines sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3553 (a) factors and the totality of the circumstances, including Schmidt’s criminal history and the fact that he was under supervision for a prior felony drug conviction at the time he committed the instant offense. See Gall, 552 U.S. at 51 , 128 S.Ct. 586 .

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.