United States of America v. WILLIAM LAMBERT, Jr., a.k.a. Duta

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIAM LAMBERT, Jr., a.k.a. Duta,
Defendant - Appellant.
No. 15-30000
D.C. No. 1:93-cr-00043-SPW
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
William Lambert, Jr., appeals from the district court’s judgment and
challenges the 24-month term of supervised release imposed as part of his sentence
following the revocation of supervised release. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
SEP 01 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Lambert contends that the district court procedurally erred by considering
impermissible sentencing factors. We review for plain error, see United States v.
Hammons, 558 F.3d 1100, 1103 (9th Cir. 2009), and find none. Lambert has failed
to show that any error affected his substantial rights. See United States v. Olano,
507 U.S. 725, 734-35 (1993).
Lambert also contends that the 24-month term of supervised release is
substantively unreasonable. The district court did not abuse its discretion in
imposing Lambert’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007).
The 24-month term of supervised release is substantively reasonable in light of the
18 U.S.C. § 3583(e) factors and the totality of the circumstances, including
Lambert’s repeated breaches of the court’s trust and his history of substance abuse.
See Gall, 552 U.S. at 51.
AFFIRMED.
15-30000 2

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