United States v. Anthony Mathias

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 26 2023 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 22-30129 Plaintiff-Appellee, D.C. No. 2:11-cr-00024-WFN-1 v. ANTHONY J. MATHIAS, MEMORANDUM* Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, District Judge, Presiding

Submitted April 17, 2023** Before: CLIFTON, R. NELSON, and BRESS, Circuit Judges.

Anthony J. Mathias appeals from the district court’s judgment and challenges the 24-month sentence imposed upon the fourth revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Mathias contends that the 24-month, statutory maximum sentence is

*

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).

substantively unreasonable because it is significantly above his Guidelines range and his violations were driven by his drug addiction. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the applicable 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Mathias’s repeated poor performance on supervision and the need to protect the public. See 18 U.S.C. § 3583(e); see also Gall, 552 U.S. at 51; United States v. Gutierrez- Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the various factors in a particular case is for the discretion of the district court.”).

AFFIRMED.

2 22-30129