FILED
NOT FOR PUBLICATION OCT 1 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30311
Plaintiff - Appellee, D.C. No. 1:09-cr-00026-DWM
v.
MEMORANDUM*
RICCO LEE BROWN,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Ricco Lee Brown appeals from the district court’s judgment and challenges
the 55-month term of supervised released imposed upon revocation of supervised
release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Brown contends that the district court imposed a substantively unreasonable
*
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).
sentence because the new supervised release term is greater than necessary to
satisfy the goals of sentencing. He argues that the 55-month term is punitive and
does not serve the purpose of rehabilitation. We review for abuse of discretion, see
United States v. Collins, 684 F.3d 873, 887 (9th Cir. 2012), and find none. The
supervised release term is substantively reasonable in light of the 18 U.S.C.
§ 3583(e) sentencing factors and the totality of the circumstances, including
Brown’s repeated breaches of the court’s trust. See United States v. Miqbel, 444
F.3d 1173, 1182 (9th Cir. 2006) (at a revocation sentencing, the court may sanction
the violator for his breach of the court’s trust).
AFFIRMED.
2 13-30311