United States v. Christopher Chase

FILED NOT FOR PUBLICATION APR 20 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-30136 Plaintiff-Appellee, D.C. No. 1:15-cr-00095-SPW v. MEMORANDUM* CHRISTOPHER BRADLEY CHASE, Defendant-Appellant. Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding Submitted April 11, 2017** Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. Christopher Bradley Chase appeals from the district court’s judgment and challenges the 32-month sentence imposed following his guilty-plea conviction for * 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). Accordingly, Chase’s request for oral argument is denied. being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Chase contends that his sentence is substantively unreasonable in light of his pre-sentencing rehabilitation and the minimal risk he believes he poses to the public in view of his recovery. The court did not abuse its discretion in imposing Chase’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The court varied downward 14 months to account for Chase’s mitigating circumstances. The below-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including the number and nature of the guns Chase obtained and the other circumstances of the offense. See Gall, 552 U.S. at 51. AFFIRMED. 2 16-30136