United States of America v. John Dwight Dehart, a.k.a. Trapper

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN DWIGHT DEHART, a.k.a.
Trapper,
Defendant - Appellant.
No. 10-30083
D.C. No. 9:09-cr-00042-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
John Dwight Dehart appeals from his 18-month sentence imposed following
his guilty-plea conviction for being an unlawful user of controlled substance in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(3). We have
FILED
OCT 28 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction under 28 U.S.C. § 1291, and we affirm.
Dehart contends that the district court violated 18 U.S.C. § 3582(a), which
states in relevant part that “[t]he court, in determining whether to impose a term of
imprisonment, and, if a term of imprisonment is to be imposed, in determining the
length of the term, shall consider the factors set forth in section 3553(a) to the
extent that they are applicable, recognizing that imprisonment is not an appropriate
means of promoting correction and rehabilitation.”
Dehart’s contention fails because the record as a whole, including the district
court’s response to Dehart’s objection, indicates that the district court determined
that other section 3553(a) factors warranted imprisonment, while Dehart’s
extraordinary medical circumstances warranted a sentence below the Sentencing
Guidelines range and placement in a federal medical facility. See United States v.
Duran, 37 F.3d 557, 561 (9th Cir. 1994) (indicating that “[o]nce imprisonment is
chosen as a punishment . . . § 3582 does not prohibit consideration of correction
and rehabilitation in determining the length of imprisonment”).
AFFIRMED.

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