United States of America v. Guy Eric Waldron

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA
Plaintiff-Appellee,
v.
GUY ERIC WALDRON,
Defendant-Appellant.
No. 17-30072
D.C. No. 2:11-cr-00018-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted January 16, 2018**
Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges.
Guy Eric Waldron appeals from the district court’s judgment and challenges
the 24-month sentence imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Waldron contends that his sentence is substantively unreasonable because
* 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
JAN 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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the district court improperly assessed Waldron’s risk to the public. We review for
abuse of discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). Although
the 24-month sentence represents an upward variance from the Guidelines range,
we cannot say that the district court abused its discretion. This sentence is
substantively reasonable in light of Waldron’s criminal history and breach of trust,
including his repeated supervised release violations. See 18 U.S.C § 3583(e);
United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006) (at a revocation
sentencing, the district court may sanction the defendant for breaching the court’s
trust by failing to abide by the conditions of supervision).
AFFIRMED.

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