United States of America v. William Slattery

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIAM SLATTERY,
Defendant - Appellant.
No. 15-50335
D.C. No. 2:04-cr-00950-DDP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
William Slattery appeals from the district court’s judgment and challenges
the 24-month sentence imposed following his third revocation of supervised
release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
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 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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Slattery contends that the sentence is substantively unreasonable because the
district court overstated the seriousness of the violation and failed to credit his
attempts at rehabilitation. The district court did not abuse its discretion in
imposing Slattery’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007).
The above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C.
§ 3583(e) factors and the totality of the circumstances, including Slattery’s
repeated breaches of the court’s trust and the need to protect the public. See United
States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007). Moreover, contrary to
Slattery’s contention, the district court did not base the sentence on any clearly
erroneous fact. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en
banc).
AFFIRMED.
15-50335 2

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