United States of America v. Tyree Allan Rowe

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NOT FOR PUBLICATION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.
TYREE ALLAN ROWE,
Defendant - Appellant.
No. 09-50293
D.C. No. 2:96-cr-00540-PA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Tyree Allan Rowe appeals from the 36-month sentence imposed upon
revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
FILED
OCT 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50293 2
Rowe contends that his sentence, which is the statutory maximum, is
substantively unreasonable given the non-criminal nature of his violations. The
record reflects that the district court did not procedurally err and that, in light of the
totality of the circumstances, the district court did not abuse its discretion because
the sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984,
991-93 (9th Cir. 2008) (en banc); see also United States v. Simtob, 485 F.3d 1058,
1062-63 (9th Cir. 2007).
AFFIRMED.

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