United States of America v. Darek Michael Gordon

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DAREK MICHAEL GORDON,
Defendant-Appellant.
No. 17-30253
D.C. No. 3:17-cr-00055-SLG
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Sharon L. Gleason, District Judge, Presiding
Submitted August 15, 2018**
Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
Darek Michael Gordon appeals from the district court’s judgment and
challenges the 60-month sentence imposed following his guilty-plea conviction for
being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and
924(a)(2). 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 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
AUG 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-30253
Gordon contends that his above-Guidelines sentence is substantively
unreasonable and not justified by any reasonable consideration of the 18 U.S.C.
§ 3553(a) sentencing factors. The district court did not abuse its discretion in
imposing Gordon’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007).
The sentence is substantively reasonable in light of the section 3553(a) factors and
the totality of the circumstances, including Gordon’s extensive criminal history.
See id.
AFFIRMED.

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