United States v. Stewart

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 19 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-398 D.C. No. 4:22-cr-00248-JSW-1 Plaintiff - Appellee, v. MEMORANDUM* RICHARD STEWART, Defendant - Appellant. Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding Submitted October 10, 2023** Before: S.R. THOMAS, McKEOWN, and HURWITZ, Circuit Judges. Richard Stewart appeals from the district court’s judgment and challenges the 54-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). 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).  Stewart contends that his sentence is substantively unreasonable because it fails to adequately account for his traumatic childhood, his recent rehabilitative efforts, the added burden of imprisonment during the COVID-19 pandemic, and the need to avoid sentencing disparities. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The within- Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Stewart’s lengthy criminal history, the nature of his offense, and the need to protect the public. See Gall, 552 U.S. at 51; United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the various factors in a particular case is for the discretion of the district court.”). AFFIRMED. 2 23-398