United States of America v. Shaun Delmore Mortenson

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
AK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SHAUN DELMORE MORTENSON,
Defendant - Appellant.
No. 09-30153
D.C. No. 4:06-cr-00039-SEH
MEMORANDUM *
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Shaun Delmore Mortenson appeals from the lifetime term of supervised
release imposed following his guilty-plea conviction for receipt of child
pornography, in violation of 18 U.S.C. § 2252A(a)(2). We have jurisdiction
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

AK/Research 09-30153 2
pursuant to 28 U.S.C. § 1291, and we affirm.
Mortenson contends that the district court procedurally erred by failing to
provide any explanation for imposing a lifetime term of supervised release.
Although the district court did not expressly state its reasons for imposing a
lifetime term of supervised release, the record reflects that the district court
considered the arguments and evidence submitted by Mortenson before imposing
the term recommended by the Guidelines. See United States v. Daniels, 541 F.3d
915, 922 (9th Cir. 2008). Accordingly, the district court did not procedurally err.
See United States v. Carty, 520 F.3d 984, 996 (9th Cir. 2008) (en banc).
To the extent that Mortenson contends that the length of the supervised
release term is substantively unreasonable, this contention is belied by the record.
See Daniels, 541 F.3d at 923-24; see also Gall v. United States, 552 U.S. 38
(2007).
AFFIRMED.

-- 2 of 2 --