United States v. Butler

MEMORANDUM **

Elijah Butler (“Butler”) appeals from the district court’s sentencing order for his conviction of possession of cocaine base with intent to distribute and conspiracy to do the same under 21 U.S.C. §§ 841 and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

Butler argues that his sentence of 216 months was unreasonable, disagreeing with the court’s application of the 18 U.S.C. § 3553 (a) factors and asserting that the judge was required to go beyond these factors.

These arguments lack merit. “In determining whether a sentence is unreasonable, we are guided by the sentencing factors set forth in 18 U.S.C. § 3553 (a), including the sentencing range established by the Sentencing Guidelines.” United States v. Plouffe, 445 F.3d 1126, 1131 (9th Cir.2006). The district court expressly considered each of the seven § 3553(a) factors, weighing evidence that was both favorable and unfavorable to Butler, including the impact of the drug operation on Butler’s small community and Butler’s failure to report for sentencing, as well as Butler’s strong connection to his family and his rehabilitative efforts in prison. The court…