United States v. Grayson

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 26 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 24-4703 D.C. No. Plaintiff - Appellee, 1:14-cr-00085-JLT-SKO-1 v. MEMORANDUM* TIMOTHY BRIAN GRAYSON, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Jennifer L. Thurston, District Judge, Presiding Submitted February 18, 2025** Before: SILVERMAN, WARDLAW, and DESAI, Circuit Judges. Timothy Brian Grayson appeals from the district court’s judgment and challenges the 24-month sentence imposed upon the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Grayson contends that his sentence is substantively unreasonable because his * 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). conduct did not constitute a supervised release violation and the statutory maximum sentence was unwarranted under the circumstances. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). Grayson admitted to violating the terms of his supervised release and has not challenged the district court’s decision to revoke. Moreover, the sentence is substantively reasonable in light of the 18 U.S.C § 3583(e) sentencing factors and the totality of the circumstances, including Grayson’s breach of the court’s trust, lack of contrition, and criminal history, as well as the need to protect the public. See Gall, 552 U.S. at 51. AFFIRMED. 2 24-4703