United States v. Shaun Mortenson

Good Law
357 F. App'x 925
United States Court of Appeals for the Ninth CircuitDecember 14, 200909-30153California206 words

Opinion

Opinion

MEMORANDUM

Shaun Delmore Mortenson appeals from the lifetime term of supervised release imposed following his guilty-plea conviction for receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Mortenson contends that the district court procedurally erred by failing to provide any explanation for imposing a lifetime term of supervised release. Although the district court did not expressly state its reasons for imposing a lifetime term of supervised release, the record reflects that the district court considered the arguments and evidence submitted by Morten-son before imposing the term recommended by the Guidelines. See United States v. Daniels, 541 F.3d 915, 922 (9th Cir.2008). Accordingly, the district court did not procedurally err. See United States v. Carty, 520 F.3d 984, 996 (9th Cir.2008) (en banc).

To the extent that Mortenson contends that the length of the supervised release term is substantively unreasonable, this contention is belied by the record. See Daniels, 541 F.3d at 923-24 ; see also Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).

AFFIRMED.

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