FILED
NOT FOR PUBLICATION MAR 18 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-30084
Plaintiff - Appellee, D.C. No. 6:13-cr-00014-SEH
v.
MEMORANDUM*
TODD ALLEN SCHMIDT,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Todd Allen Schmidt appeals from this district court’s judgment and
challenges the 96-month sentence imposed following his guilty-plea conviction for
possession with intent to distribute methamphetamine in violation of 21 U.S.C. §
841(a)(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 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).
Schmidt contends that his sentence is substantively unreasonable given his
relatively minor role and the fact that he had “several years” of law-abiding
conduct prior to the offense. The district court did not abuse its discretion in
imposing Schmidt’s within-Guidelines sentence. See Gall v. United States, 552
U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18
U.S.C. § 3553(a) factors and the totality of the circumstances, including Schmidt’s
criminal history and the fact that he was under supervision for a prior felony drug
conviction at the time he committed the instant offense. See Gall, 552 U.S. at 51.
AFFIRMED.
1
2 14-30084