United States v. Nicholas Lamere, Jr. ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 13 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-30227
Plaintiff-Appellee, D.C. No. 9:16-cr-00033-DWM-1
v.
MEMORANDUM*
NICHOLAS DENNIS LAMERE, Jr.,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted May 6, 2020**
Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.
Nicholas Dennis Lamere, Jr. appeals from the district court’s judgment and
challenges the 10-month sentence imposed upon his second revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Lamere contends that the within-Guidelines sentence is substantively
*
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).
unreasonable. The district court did not abuse its discretion in light of the 18
U.S.C. § 3583(e) sentencing factors and totality of the circumstances, including
Lamere’s repeated violation of supervised release. See Gall v. United States, 552
U.S. 38, 51 (2007); see also United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir.
2007). Moreover, contrary to Lamere’s contention, the record reflects that the
district court relied on only proper sentencing factors. See Simtob, 485 F.3d at
1062.
AFFIRMED.
2 19-30227