NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 27 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30282
Plaintiff-Appellee, D.C. No. 1:16-cr-00006-SPW
v.
MEMORANDUM*
JOSEPH C. MORRISON, Jr.,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted October 23, 2017**
Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.
Joseph C. Morrison, Jr., appeals from the district court’s judgment and
challenges the 96-month sentence imposed following his guilty-plea conviction for
involuntary manslaughter, in violation of 18 U.S.C. §§ 1112(a) and 1153(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 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).
Morrison contends that the district court failed to consider mitigating factors,
such as his diminished capacity and alcohol addiction, and imposed a substantively
unreasonable sentence. The record reflects that the court considered the testimony
of the clinical psychologist who examined Morrison, as well as Morrison’s other
mitigating arguments, and concluded that an upward variance was nevertheless
warranted. The court did not abuse its discretion. See Gall v. United States, 552
U.S. 38, 51 (2007). The above-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 nature of the offense and Morrison’s history of drunk
driving and other violent behavior. See Gall, 552 U.S. at 51.
AFFIRMED.
2 16-30282