United States v. Tammy Cadotte , 436 F. App'x 797 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-30259
Plaintiff - Appellee, D.C. No. 4:10-cr-00008-SEH
v.
MEMORANDUM *
TAMMY LYNN CADOTTE,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Tammy Lynn Cadotte appeals from the 20-month sentence imposed
following her guilty-plea conviction for misprision of felony, in violation of
18 U.S.C. § 4. 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 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Cadotte’s request for oral
argument is denied.
Cadotte contends that her sentence is substantively unreasonable because it
does not reflect the 18 U.S.C. § 3553(a) factors, including mitigating factors
related to Cadotte’s history and characteristics. The district court considered
Cadotte’s mitigation evidence, including testimony regarding abuse by her
husband, and concluded that a 20-month sentence was warranted. In light of the
totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, this
was not an abuse of discretion. See Gall v. United States, 552 U.S. 38, 51 (2007);
United States v. Whitehead, 532 F.3d 991, 993 (9th Cir. 2008) (per curiam) (no
abuse of discretion where the sentence is based on facts, including defendant’s
credibility, as found by the district court at the sentencing hearing).
AFFIRMED.
2 10-30259