FILED
NOT FOR PUBLICATION DEC 19 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50234
Plaintiff - Appellee, D.C. No. 2:08-cr-00607-PA
v.
MEMORANDUM*
GREGORY BRYAN RUSH, a.k.a.
Gregory B. Rush,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Gregory Bryan Rush appeals from the district court’s judgment and
challenges the lifetime term of supervised release imposed following his guilty-
plea conviction for possession of child pornography, in violation of 18 U.S.C.
*
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).
§ 2252A(a)(5)(B). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rush contends that the lifetime term of supervised release is substantively
unreasonable and violates the Eighth Amendment’s prohibition of cruel and
unusual punishment. The district court did not abuse its discretion in sentencing
Rush to a lifetime term of supervision. See United States v. Daniels, 541 F.3d 915,
924 (9th Cir. 2008). The within-Guidelines term of supervision is substantively
reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of
the circumstances, including the seriousness of Rush’s offense and his likelihood
of reoffending. See United States v. Williams, 636 F.3d 1229, 1234 (9th Cir.
2011); see also U.S.S.G. § 5D1.2(b) policy stmt. (recommending the maximum
term of supervised release if the offense of conviction is a sex offense). Moreover,
a lifetime term of supervised release is not unconstitutionally disproportionate to
the gravity of the offense under the circumstances in this case. See Williams,
636 F.3d at 1232-33.
AFFIRMED.
2 12-50234