United States of America v. Todd Allen Schmidt

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TODD ALLEN SCHMIDT,
Defendant - Appellant.
No. 14-30084
D.C. No. 6:13-cr-00014-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Todd Allen Schmidt appeals from this district court’s judgment and
challenges the 96-month sentence imposed following his guilty-plea conviction for
possession with intent to distribute methamphetamine in violation of 21 U.S.C. §
841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
MAR 18 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Schmidt contends that his sentence is substantively unreasonable given his
relatively minor role and the fact that he had “several years” of law-abiding
conduct prior to the offense. The district court did not abuse its discretion in
imposing Schmidt’s within-Guidelines sentence. See Gall v. United States, 552
U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18
U.S.C. § 3553(a) factors and the totality of the circumstances, including Schmidt’s
criminal history and the fact that he was under supervision for a prior felony drug
conviction at the time he committed the instant offense. See Gall, 552 U.S. at 51.
AFFIRMED.
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