United States v. Tyree Rowe

FILED
NOT FOR PUBLICATION OCT 27 2010

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-50293

Plaintiff - Appellee, D.C. No. 2:96-cr-00540-PA

v.
MEMORANDUM *
TYREE ALLAN ROWE,

Defendant - Appellant.

Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding

Submitted October 19, 2010 **

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

Tyree Allan Rowe appeals from the 36-month sentence imposed upon

revocation of supervised release. 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 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
 Rowe contends that his sentence, which is the statutory maximum, is

substantively unreasonable given the non-criminal nature of his violations. The

record reflects that the district court did not procedurally err and that, in light of the

totality of the circumstances, the district court did not abuse its discretion because

the sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984,

991-93 (9th Cir. 2008) (en banc); see also United States v. Simtob, 485 F.3d 1058,

1062-63 (9th Cir. 2007).

AFFIRMED.

2 09-50293