United States v. Steven Prowler

MEMORANDUM

Defendant Steven Prowler appeals the district court’s sentence of 300 months in custody and a lifetime of supervised release with multiple conditions. We affirm the custodial sentence as free from procedural error and substantively reasonable, and affirm the fourth, fifteenth and seven teenth conditions of supervised release. We vacate the fifth and ninth conditions of supervised release and remand so that the district court may conform them to its oral pronouncement of sentence.

The reasonableness of a sentence is reviewed for abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). When reviewing the reasonableness of a sentencing decision, we consider (1) whether there was procedural error and (2) whether the sentence is substantively reasonable. Id.

The district court did not commit procedural error by considering Prowler’s diary, the victim impact statements, Prowler’s admissions to the charged conduct as well as related conduct, or the nature of his charges. See id. (describing types of procedural error in sentencing). Prowler contends that the district court considered these matters as aggravating factors when they were actually…