United States of America v. Drew Dudley John Fisher

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DREW DUDLEY JOHN FISHER,
Defendant-Appellant.
No. 17-30203
D.C. No. 1:17-cr-00027-SPW
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted August 15, 2018**
Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
Drew Dudley John Fisher appeals from the district court’s judgment and
challenges the 180-month sentence imposed following his guilty-plea conviction
for aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153(a) and 2241(a). 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 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-30203
Fisher contends that his above-Guidelines sentence is substantively
unreasonable because the district court placed too much weight on the nature and
circumstances of the offense, and too little weight on his dysfunctional upbringing
and mental health and substance abuse issues. The district court did not abuse its
discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The record reflects
that the court considered Fisher’s mitigating arguments – including his young age,
difficult upbringing, and substance abuse issues – as well as the aggravating
circumstances of his history and the nature of his offense before determining that
the 18 U.S.C. § 3553(a) sentencing factors warranted an above-Guidelines
sentence. The sentence is also substantively reasonable in light of the section
3553(a) factors and the totality of the circumstances. See Gall, 552 U.S. at 51; see
also United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The
weight to be given the various [section 3553(a)] factors in a particular case is for
the discretion of the district court.”)
AFFIRMED.

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