United States v. Sutton

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 21 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-841 D.C. No. Plaintiff - Appellee, 2:11-cr-00151-WFN-1 Eastern District of Washington, v. Spokane LEONA LOUISE SUTTON, MEMORANDUM* Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, District Judge, Presiding Submitted September 12, 2023** Before: CANBY, CALLAHAN, and OWENS, Circuit Judges. Leona Louise Sutton appeals from the district court’s judgment and challenges the six-month sentence imposed upon the second revocation of her supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Sutton contends that the sentence is substantively unreasonable in light of * 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). the nature of her supervision violation and her mitigating circumstances. We conclude that the district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The within-Guidelines sentence, to be followed by no further supervision, is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances. See Gall, 552 at 51. AFFIRMED. 2 23-841