FILED
NOT FOR PUBLICATION SEP 25 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50547
Plaintiff - Appellee, D.C. No. 2:05-cr-00070-GHK
v.
MEMORANDUM*
ALAN CRAIG RICHARDS,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted September 21, 2015**
Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.
Alan Craig Richards appeals from the district court’s judgment and
challenges the 36-month sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Richards contends that the district court erred by failing to address his
*
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).
sentencing arguments and by improperly relying on the need to punish to impose
sentence. We review for plain error, see United States v. Valencia-Barragan, 608
F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects that the court
considered Richards’ arguments before imposing sentence but simply found them
unpersuasive. See Rita v. United States, 551 U.S. 338, 358-59 (2007). The record
also reflects that the district court did not base the sentence primarily on the need
to punish. See United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007).
Richards next contends that his sentence is substantively unreasonable. The
district court did not abuse its discretion in imposing Richards’ sentence. See Gall
v. United States, 552 U.S. 38, 51 (2007). The 36-month sentence is substantively
reasonable in light the of the 18 U.S.C. § 3583(e) sentencing factors and the
totality of the circumstances, including Richards’ breaches of the court’s trust. See
Gall, 552 U.S. at 51; Simtob, 485 F.3d at 1062-63 (at a revocation sentencing, the
district court can sanction a violator for his breach of trust).
AFFIRMED.
2 14-50547