United States of America v. Keynan Stroud Newsham

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEYNAN STROUD NEWSHAM,
Defendant - Appellant.
No. 15-30227
D.C. No. 2:11-cr-00215-JLR
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
Keynan Stroud Newsham appeals from the district court’s judgment and
challenges the 14-month sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
FEB 29 2016
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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Newsham contends that the district court erred by failing to explain its
sentence adequately. We review for plain error. See United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010). The record reflects that the
court’s explanation of its above-Guidelines sentence was adequate. See United
States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
Newsham additionally contends that his above-Guidelines sentence is
substantively unreasonable. We review for abuse of discretion. See Gall v. United
States, 552 U.S. 38, 51 (2007). The 14-month sentence is substantively reasonable
in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the
circumstances, including Newsham’s history of consistently violating the
conditions of his supervised release. See Gall, 552 U.S. at 51.
AFFIRMED.
15-30227 2

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