United States of America v. James Robert Sorrell

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES ROBERT SORRELL,
Defendant - Appellant.
No. 14-30159
D.C. No. 2:11-cr-00058-RHW
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Robert H. Whaley, District Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
James Robert Sorrell appeals from the district court’s judgment and
challenges the 18-month sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* 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. Appellant’s motion to submit this case on the briefs is
granted. See Fed. R. App. P. 34(a)(2).
FILED
JUN 25 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-30159
Sorrell contends that the district court erred by relying on impermissible
sentencing factors and by failing to explain adequately the sentence imposed. We
review for plain error, see United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir.
2006), and find none. The record reflects that the district court considered the 18
U.S.C. § 3583(e) sentencing factors, did not consider impermissible sentencing
factors, and sufficiently explained its reasons for imposing the above-Guidelines
sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
AFFIRMED.

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