United States of America v. Thomas J. Embry

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
THOMAS J. EMBRY,
Defendant - Appellant.
No. 15-30096
D.C. No. 1:09-cr-00097-SPW
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Thomas J. Embry 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.
Embry contends that his sentence is substantively unreasonable. The
* 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).
FILED
JAN 25 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 15-30096
district court did not abuse its discretion in imposing Embry’s sentence. See Gall
v. United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence is
substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and
the totality of the circumstances, including Embry’s repeated breaches of the
court’s trust and the need to protect the public. See Gall, 552 U.S. at 51; United
States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006). Moreover, contrary to
Embry’s contention, the record reflects that the district court considered only
proper sentencing factors. See Miqbel, 444 F.3d at 1182.
AFFIRMED.

-- 2 of 2 --