United States of America v. Dulton Earl Johnson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DULTON EARL JOHNSON,
Defendant - Appellant.
No. 14-30247
D.C. No. 4:13-cr-00227-BLW
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted October 14, 2015**
Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
Dulton Earl Johnson appeals from the district court’s judgment and
challenges the 70-month sentence imposed following his guilty-plea conviction for
assault resulting in serious bodily injury committed within Indian Country, in
violation of 18 U.S.C. §§ 113(a)(6) and 1153. We have jurisdiction under 28
* 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).
FILED
OCT 20 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-30247
U.S.C. § 1291, and we affirm.
Johnson contends that the district court procedurally erred by failing to
consider the 18 U.S.C. § 3553(a) sentencing factors adequately and address his
argument for a within-Guidelines sentence. We review for plain error, see United
States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none.
The record reflects that the district court considered Johnson’s arguments and
thoroughly explained its reasons for imposing the above-Guidelines sentence. See
United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
Johnson next contends that the sentence is substantively unreasonable. The
district court did not abuse its discretion in imposing Johnson’s sentence. See
Gall v. United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence is
substantively reasonable in light of the section 3553(a) sentencing factors and the
totality of the circumstances, including the troubling nature of the offense. See
Gall, 552 U.S. at 51.
AFFIRMED.

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