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United States v. Randy Mainwaring
682 F. App'x 549
| 9th Cir. | 2017
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Docket

*1 Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.

Randy Arlan Mainwaring appeals from the district court’s judgment and challenges the 28-month sentence imposed upon his third revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Mainwaring contends that his sentence is substantively unreasonable. The *2 district court did not abuse its discretion in imposing Mainwaring’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 Mainwaring’s repeated breaches of the court’s trust and his unsuitability for supervised release. See Gall , 552 U.S. at 51; United States v. Simtob , 485 F.3d 1058, 1062-63 (9th Cir. 2007).

AFFIRMED.

2 16-30084

[*] 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).

Case Details

Case Name: United States v. Randy Mainwaring
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Mar 14, 2017
Citation: 682 F. App'x 549
Docket Number: 16-30084
Court Abbreviation: 9th Cir.
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