United States of America v. Susan Laforge

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SUSAN LAFORGE,
Defendant-Appellant.
No. 15-30240
D.C. No. 1:11-cr-00033-SPW
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Susan Laforge appeals from the 6-month sentence and 30-month term of
supervised release imposed upon revocation of supervised release, as well as the
district court’s order denying her pro se motion to revise her term of supervised
FILED
AUG 02 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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release. We have jurisdiction under 28 U.S.C. § 1291. We affirm in part and
dismiss in part.
Laforge argues that her sentence is substantively unreasonable. Laforge’s
notice of appeal was filed over four months after the entry of judgment. Her
appeal of her sentence is, therefore, untimely. See Fed. R. App. P. 4(b)(1)(A).
Because the government has properly objected to the untimeliness, we dismiss
Laforge’s appeal of her sentence. See United States v. Sadler, 480 F.3d 932, 942
(9th Cir. 2007).
Laforge’s pro se notice of appeal reflects that she is also challenging the
district court’s denial of her motion to revise her term of supervised release.
Laforge’s appeal from that denial is timely, but lacks merit. As the district court
stated, it had no authority to terminate Laforge’s term of supervised release at the
time she filed her motion. See 18 U.S.C. § 3583(e)(1) (a district court may
terminate a term of supervised release but only “after the expiration of one year of
supervised release”).
AFFIRMED in part; DISMISSED in part.
15-30240 2

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