FILED
NOT FOR PUBLICATION JUN 20 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30251
Plaintiff - Appellee, D.C. No. 2:14-cr-00170-TOR
v.
MEMORANDUM*
FRANK GLENN LAMBERT,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Thomas O. Rice, Chief Judge, Presiding
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Frank Glenn Lambert appeals from the district court’s judgment and
challenges the $2,000 fine imposed following his guilty-plea conviction for sexual
abuse of a minor, in violation of 18 U.S.C. §§ 1153(a) and 2243(a). 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).
Lambert contends that the district court procedurally erred by not providing
an adequate explanation for the fine imposed. We review for plain error, see
United States v. Hernandez-Arias, 757 F.3d 874, 884 (9th Cir. 2014), and find
none. The record reveals that the district court considered the fine range
established by the Guidelines and Lambert’s ability to pay and no further
explanation was required. See id.
Lambert next contends that the $2,000 fine is substantively unreasonable in
light of his inability to pay it. The district court did not abuse its discretion in
imposing the below-Guidelines fine, which is substantively reasonable in light of
the 18 U.S.C. § 3572(a) factors and the totality of the circumstances. See Gall v.
United States, 552 U.S. 38, 51 (2007). Even accepting that Lambert was indigent
at the time of sentencing, he presented no evidence that he would be unable to
participate in the earnings program while incarcerated or otherwise pay the fine in
the future. See United States v. Orlando, 553 F.3d 1235, 1240 (9th Cir. 2009).
AFFIRMED.
2 15-30251