United States of America v. Charles Ray Bartkowiak

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHARLES RAY BARTKOWIAK,
Defendant-Appellant.
No. 17-30150
D.C. No. 2:16-cr-00277-EJL
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted May 15, 2018**
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
Charles Ray Bartkowiak appeals from the district court’s judgment and
challenges the 70-month sentence imposed following his guilty-plea conviction for
bank robbery, in violation of 18 U.S.C. § 2113(a). 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 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).
FILED
MAY 18 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-30150
Bartkowiak contends that his sentence is substantively unreasonable because
the district court improperly presumed that the Guidelines range was reasonable,
and placed undue weight on the Guidelines and the need for deterrence. The court
did not abuse its discretion in imposing Bartkowiak’s sentence. See Gall v. United
States, 552 U.S. 38, 51 (2007). The record shows that the court did not presume
the reasonableness of the Guidelines range or place undue weight on any single
sentencing factor. To the contrary, after evaluating several of the 18 U.S.C.
§ 3353(a) sentencing factors and the “mitigating circumstances that are not usually
encountered in a case of this nature,” the court imposed a sentence seven months
below the Guidelines range. The below-Guidelines sentence is substantively
reasonable in light of the section 3553(a) sentencing factors and the totality of the
circumstances, including Bartkowiak’s criminal history and the seriousness of the
offense. See Gall, 552 U.S. at 51.
AFFIRMED.

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