United States of America v. Gregory Morris Powderface

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).
JC/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GREGORY MORRIS POWDERFACE,
Defendant - Appellant.
No. 09-30295
D.C. No. 4:04-cr-00056-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Gregory Morris Powderface appeals from the nine-month sentence imposed
following revocation of his supervised release. We have jurisdiction pursuant to
28 U.S.C. § 1291, and we affirm.
FILED
MAR 01 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JC/Research 09-30295 2
Powderface contends his nine-month sentence is substantively unreasonable
because prison alone does not serve the sentencing purposes of deterrence,
protection of the public, and rehabilitation. In light of the totality of the
circumstances of this case and the applicable 18 U.S.C. § 3553(a) sentencing
factors, the sentence is substantively reasonable. See 18 U.S.C. § 3583(e)(3);
Gall v. United States, 552 U.S. 38, 51 (2007); see also United States v. Cope,
527 F.3d 944, 952 (9th Cir. 2008) (applying reasonableness requirements to
supervised release term).
AFFIRMED.

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