United States of America v. Virgil Marc Meyers

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NOT FOR PUBLICATION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.
VIRGIL MARC MEYERS,
Defendant - Appellant.
No. 12-30106
D.C. No. 9:11-cr-00044-DLC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, District Judge, Presiding
Submitted October 9, 2012**
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Virgil Marc Meyers appeals from the 12-month sentence imposed upon
revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
FILED
OCT 16 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30106 2
Meyers contends that the district court procedurally erred at sentencing by
relying on his prior unprosecuted violations of the conditions of his supervised
release. The district court did not err. Meyers’s prior violations, which he did not
dispute, were related to his history and characteristics, which the court must
consider when imposing sentence. See 18 U.S.C. §§ 3553(a)(1), 3583(e).
Meyers also contends that the district court procedurally erred by failing to
explain the sentence sufficiently. The record belies this contention.
Meyers finally contends that his sentence is substantively unreasonable. In
light of the totality of the circumstances and the 18 U.S.C. § 3583(e) sentencing
factors, the sentence is substantively reasonable. See Gall v. United States, 552
U.S. 38, 51 (2007).
AFFIRMED.

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