United States of America v. Philip Jeff Glen

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NOT FOR PUBLICATION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.
PHILIP JEFF GLEN,
Defendant - Appellant.
No. 11-30236
D.C. No. 1:10-cr-00082-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Philip Jeff Glen appeals from the 90-month sentence and lifetime term of
supervised release imposed following his guilty-plea conviction for distribution
and receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2). We
FILED
MAY 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Glen contends that his below-Guidelines sentence is substantively
unreasonable in light of the alleged deficiencies in U.S.S.G. § 2G2.2 and the 18
U.S.C. § 3553(a) sentencing factors. The record reflects that Glen’s sentence is
substantively reasonable in light of the totality of the circumstances and the section
3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 (2007).
Glen also contends that the lifetime term of supervised release is
substantively unreasonable. In light of the totality of the circumstances and the
section 3553(a) sentencing factors, the lifetime term of supervised release is not
substantively unreasonable. See United States v. Apodaca, 641 F.3d 1077, 1082-
84 (9th Cir. 2011).
AFFIRMED.

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