United States of America v. Wylie Lucas John Thurman

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WYLIE LUCAS JOHN THURMAN,
Defendant - Appellant.
No. 12-30240
D.C. No. 2:12-cr-00026-JLQ
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Justin L. Quackenbush, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Wylie Lucas John Thurman appeals from the district court’s judgment and
challenges the 20-year supervised release term imposed following his guilty-plea
conviction for abusive sexual contact, in violation of 18 U.S.C. §§ 1153(a) and
FILED
MAR 22 2013
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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2243(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Thurman contends that the district court erred by (i) failing to calculate and
remain cognizant of the advisory Guidelines range for the supervised release term,
(ii) failing to consider the 18 U.S.C. § 3553(a) sentencing factors other than
specific deterrence, and (iii) failing to explain adequately the 20-year supervised
release term. We review for plain error, see United States v. Valencia-Barragan,
608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects that the
court was aware of the Guidelines range, considered the section 3553(a) sentencing
factors, and adequately explained the sentence.
Thurman next contends that the supervised release term is substantively
unreasonable. In light of the totality of the circumstances, including Thurman’s
history, the district court did not court abuse its discretion in imposing the 20-year
supervised release term. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
12-30240 2

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