United States of America v. Heather Wisby Stewart

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HEATHER WISBY STEWART,
Defendant - Appellant.
No. 13-30270
D.C. No. 4:09-cr-00096-DLC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief Judge, Presiding
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Heather Wisby Stewart appeals from the district court’s judgment and
challenges the 15-month sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
APR 11 2014
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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Stewart contends that her sentence is substantively unreasonable because it
is greater than necessary and because the district court placed an undue emphasis
on the circumstances of her arrest. The district court did not abuse its discretion in
imposing Stewart’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007).
The 15-month sentence is substantively reasonable in light of the 18 U.S.C.
§ 3583(e) sentencing factors and the totality of the circumstances, including
Stewart’s breach of the court’s trust and the need to deter future criminal conduct.
See id.; United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006).
We reject Stewart’s contention that the district court improperly considered
a post-arrest statement that was elicited from her in violation of Miranda v.
Arizona, 384 U.S. 436 (1996). The record reflects that the district court expressly
disregarded the statement in fashioning the sentence.
AFFIRMED.
13-30270 2

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