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UNITED STATES of America, Plaintiff-Appellee, v. Randy Arlan MAINWARING, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2017-03-14No. No. 16-30084
682 F. App'x 549

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Opinion

majority opinion

MEMORANDUM

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 district court did not abuse its discretion in imposing Mainwaring’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (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, 128 S.Ct. 586; United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.