United States v. Jason Fisher

Good Law
464 F. App'x 653
United States Court of Appeals for the Ninth CircuitDecember 30, 201111-30151California208 words

Opinion

Opinion

MEMORANDUM

Jason Lee Fisher appeals from the 22-month sentence imposed following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Fisher contends that the district court proeedurally erred because it failed to explain its reasons for imposing an above-Guidelines sentence. He also contends that his sentence is substantively unreasonable because the district court impermissibly relied on factors not enumerated in 18 U.S.C. § 3583 (e). Fisher’s contentions are not supported by the record. The district court did not proeedurally err, and Fisher’s sentence is reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553 (a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir.2007) (“[A] district court may properly look to and consider the conduct underlying the revocation as one of many acts contributing to the severity of the violator’s breach of trust so as not to preclude a full review of the violator’s history and the violator’s likelihood of repeating that history.”).

AFFIRMED.

This disposition is…

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