United States v. Alan Richards

MEMORANDUM

Alan Craig Richards appeals from the district court’s judgment and challenges the 36-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Richards contends that the district court erred by failing to address his sentencing arguments and by improperly relying on the need to punish to impose sentence. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The record reflects that the court considered Richards’ arguments before imposing sentence but simply found them unpersuasive. See Rita v. United States, 551 U.S. 338, 358-59 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007). The record also reflects that the district court did not base the sentence primarily on the need to punish. See United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir.2007).

Richards next contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Richards’ sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The 36-month sentence is substantively reasonable in light the of the…