NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 2 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10457
Plaintiff - Appellee, D.C. No. 2:04-cr-00246-RLH
v.
MEMORANDUM*
WENDOLYN HOWARD,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Wendolyn Howard appeals from the district court’s judgment and challenges
the 20-month sentence imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Howard contends that the sentence imposed by the district court is
*
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).
substantively unreasonable because it fails to account for his rehabilitative efforts
and his acquittal of the most serious charges before him in state court. The district
court did not abuse its discretion in imposing Howard’s sentence. See Gall v.
United States, 552 U.S. 38, 51 (2007). The above-Guidelines sentence is
substantively reasonable in light of the 18 U.S.C. § 3583(e) factors and the totality
of the circumstances, including Howard’s violent history and how rapidly he
violated the conditions of his supervised release. See Gall, 552 U.S. at 51.
AFFIRMED.
2 14-10457