United States of America v. David Burleson

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
GT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID BURLESON,
Defendant - Appellant.
No. 09-50294
D.C. No. 2:08-cr-01182-SJO
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
David Burleson appeals from his 16-month sentence imposed following a
guilty-plea conviction for unlawful possession of Postal Keys, in violation of 18
U.S.C. § 1704. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
FILED
MAR 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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GT/Research 09-50294 2
Burleson contends that his sentence four months above the United States
Sentencing Guidelines range is substantively unreasonable. A review of the record
demonstrates that the district court did not procedurally err and the sentence is not
substantively unreasonable in light of the factors set forth in 18 U.S.C. § 3553(a)
and the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51
(2007); see also United States v. Truong, 587 F.3d 1049, 1052 (9th Cir. 2009) (per
curiam) (affirming an above-Guidelines sentence where the district court
“sufficiently explained that the Guidelines did not account for [defendant’s]
particular type of recidivism”).
AFFIRMED.

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