NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 14 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 18-30233
Plaintiff-Appellee, D.C. No. 6:09-cr-00012-CCL-1
v.
ANDREW THOMAS SWAGER, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted June 11, 2019**
Before: CANBY, GRABER, and MURGUIA, Circuit Judges.
Andrew Thomas Swager appeals from the district court’s judgment and
challenges the 10-month sentence imposed upon his sixth revocation of supervised
release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Swager contends that the sentence is substantively unreasonable in light of
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
the “technical” nature of some of his violations and the mitigating circumstances
surrounding one of his violations. The district court did not abuse its discretion.
See Gall v. United States, 552 U.S. 38, 51 (2007). The court considered Swager’s
mitigating arguments and imposed a within-Guidelines sentence that is
substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and
the totality of the circumstances, including Swager’s repeated breaches of the
court’s trust. See Gall, 552 U.S. at 51; see also United States v. Simtob, 485 F.3d
1058, 1062-63 (9th Cir. 2007) (at a revocation sentencing, the district court may
sanction the defendant for his breach of the court’s trust).
AFFIRMED.
2 18-30233