United States v. David Burleson

372 F. App'x 763

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 29, 2010
• Docket: 09-50294
• Status: Unpublished

Opinion

MEMORANDUM **

David Burleson appeals from his 16-month sentence imposed following a guilty-plea conviction for unlawful possession of Postal Keys, in violation of 18 U.S.C. § 1704. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Burleson contends that his sentence four months above the United States Sentencing Guidelines range is substantively unreasonable. A review of the record demonstrates that the district court did not procedurally err and the sentence is not substantively unreasonable in light of the factors set forth in 18 U.S.C. § 3558(a) and the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); see also United States v. Truong, 587 F.3d 1049, 1052 (9th Cir.2009) (per curiam) (affirming an above-Guidelines sentence where the district court “sufficiently explained that the Guidelines did not account for [defendant’s] particular type of recidivism”).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.