United States v. Colter Epler ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 26 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 20-30190
Plaintiff-Appellee, D.C. No. 6:20-cr-00004-SEH-1
v.
COLTER JOSEPH EPLER, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted April 20, 2021**
Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges.
Colter Joseph Epler appeals from the district court’s judgment and
challenges the 51-month sentence imposed following his guilty-plea conviction for
being a prohibited person in possession of firearms and ammunition, in violation of
18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we
*
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).
affirm.
Epler contends that the sentence is substantively unreasonable because the
district court gave excessive weight to his criminal history and insufficient weight
to his positive personal characteristics. The district court did not abuse its
discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The within-
Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a)
sentencing factors and the totality of the circumstances, including Epler’s extensive
criminal history. See Gall, 552 U.S. at 51; see also 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 20-30190