United States of America v. Leona Louise Sutton

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LEONA LOUISE SUTTON,
Defendant - Appellant.
No. 23-841
D.C. No.
2:11-cr-00151-WFN-1
Eastern District of Washington,
Spokane
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted September 12, 2023**
Before: CANBY, CALLAHAN, and OWENS, Circuit Judges.
Leona Louise Sutton appeals from the district court’s judgment and
challenges the six-month sentence imposed upon the second revocation of her
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Sutton contends that the sentence is substantively unreasonable in light of
* 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
SEP 21 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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the nature of her supervision violation and her mitigating circumstances. We
conclude that the district court did not abuse its discretion. See Gall v. United
States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence, to be followed by
no further supervision, is substantively reasonable in light of the 18 U.S.C.
§ 3583(e) sentencing factors and the totality of the circumstances. See Gall, 552 at
51.
AFFIRMED.

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