Biers

United States v. Biers

Good Law
269 F. App'x 660
United States Court of Appeals for the Ninth CircuitMarch 10, 2008No. 07-30279California217 words

Opinion

lead Opinion

MEMORANDUM **

Michael Wayne Biers appeals from the 11-month term of imprisonment and 20-month term of supervised release imposed by the district court following revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Biers contends that the district court placed excessive weight on certain factors specified by 18 U.S.C. § 3583 (e), and inadequate weight on other factors, and that the resultant term of supervised release was unreasonable. We conclude that the district court did not abuse its discretion in its analysis of factors set forth by § 3583(e), including Biers’ history and characteristics, and the need to provide Biers with substance abuse treatment. See Gall v. United States, — U.S. -, 128 S.Ct. 586, 597-98 , 169 L.Ed.2d 445 (2007); United States v. Simtob, 485 F.3d 1058, 1062-64 (9th Cir.2007). In light of those factors, the term of supervised release imposed was reasonable. See Gall, 128 S.Ct. at 597 ; United States v. Cope, 506 F.3d 908, 916 (9th Cir.2007). Likewise, we reject Biers’ argument that even if his term of supervised release was reasonable, his term of imprisonment was unreasonable. See Gall, 128 S.Ct. at 597…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.