United States v. 2020-05-13 | 19-30227 | USA V. NICHOLAS LAMERE, JR. | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

NICHOLAS DENNIS LAMERE, Jr.,

Defendant-Appellant.

No. 19-30227

D.C. No. 9:16-cr-00033-DWM-1

MEMORANDUM
*

Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding

Submitted May 6, 2020
**

Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.

Nicholas Dennis Lamere, Jr. appeals from the district court’s judgment and
challenges the 10-month sentence imposed upon his second revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Lamere contends that the within-Guidelines sentence is substantively

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED

MAY 13 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-30227
unreasonable. The district court did not abuse its discretion in light of the 18
U.S.C. § 3583(e) sentencing factors and totality of the circumstances, including
Lamere’s repeated violation of supervised release. See Gall v. United States, 552
U.S. 38, 51 (2007); see also United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir.
2007). Moreover, contrary to Lamere’s contention, the record reflects that the
district court relied on only proper sentencing factors. See Simtob, 485 F.3d at
1062.
AFFIRMED.