United States of America v. Eric Lamont Willoughby

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERIC LAMONT WILLOUGHBY,
Defendant - Appellant.
No. 13-10424
D.C. No. 2:09-cr-00185-PMP
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Eric Lamont Willoughby appeals from the district court’s judgment and
challenges the 12-month-and-one-day term of imprisonment and the two-year term
of supervised release imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
APR 11 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Willoughby contends that his sentence is substantively unreasonable in light
of the mitigating factors and the staleness of one of his supervised release
violations. The district court did not abuse its discretion in imposing Willoughby’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The court found that
Willoughby violated three conditions of supervised release. The sentence is
substantively reasonable in light of the statutory sentencing factors and
Willoughby’s breach of the court’s trust. See 18 U.S.C. § 3583(e); United States v.
Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006).
AFFIRMED.
13-10424 2

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