United States of America v. Randy Arlan Mainwaring

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RANDY ARLAN MAINWARING,
Defendant-Appellant.
No. 16-30084
D.C. No. 6:09-cr-60105-MC
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Michael J. McShane, District Judge, Presiding
Submitted March 8, 2017**
Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
Randy Arlan Mainwaring appeals from the district court’s judgment and
challenges the 28-month sentence imposed upon his third revocation of supervised
release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Mainwaring contends that his sentence is substantively unreasonable. The
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAR 14 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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district court did not abuse its discretion in imposing Mainwaring’s sentence. See
Gall v. United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence is
substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and
the totality of the circumstances, including Mainwaring’s repeated breaches of the
court’s trust and his unsuitability for supervised release. See Gall, 552 U.S. at 51;
United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007).
AFFIRMED.

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