United States v. Keynan Newsham

FILED NOT FOR PUBLICATION FEB 29 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-30227 Plaintiff - Appellee, D.C. No. 2:11-cr-00215-JLR v. MEMORANDUM* KEYNAN STROUD NEWSHAM, Defendant - Appellant. Appeal from the United States District Court for the Western District of Washington James L. Robart, District Judge, Presiding Submitted February 24, 2016** Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges. Keynan Stroud Newsham appeals from the district court’s judgment and challenges the 14-month sentence imposed upon revocation of supervised release. 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). Newsham contends that the district court erred by failing to explain its sentence adequately. We review for plain error. See United States v. Valencia- Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010). The record reflects that the court’s explanation of its above-Guidelines sentence was adequate. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc). Newsham additionally contends that his above-Guidelines sentence is substantively unreasonable. We review for abuse of discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The 14-month sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Newsham’s history of consistently violating the conditions of his supervised release. See Gall, 552 U.S. at 51. AFFIRMED. 2 15-30227