United States of America v. Richard R. Laufer Iii

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RICHARD R. LAUFER III,
Defendant-Appellant.
No. 17-30228
D.C. No. 1:16-cr-00121-SPW
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted August 15, 2018**
Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
Richard R. Laufer, III, appeals from the district court’s judgment and
challenges the 63-month sentence imposed following his guilty-plea conviction for
being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and
924(a)(2). 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
AUG 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-30228
Laufer argues that the district court procedurally erred by treating a sentence
within the Guidelines range as presumptively reasonable and failing to consider
whether a below-Guidelines sentence was warranted under the 18 U.S.C. § 3553(a)
sentencing factors. We review for plain error, see United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there is none.
The record reflects that the court understood that it could vary below the
Guidelines range, considered Laufer’s arguments for doing so, and was
unpersuaded that a downward variance was warranted under the section 3553(a)
sentencing factors.
Laufer also contends that the sentence is substantively unreasonable because
a lower sentence would have satisfied the goals of sentencing. The district court
did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007).
The within-Guidelines sentence is substantively reasonable in light of the section
3553(a) factors and the totality of the circumstances, including the serious nature
of the crime, Laufer’s extensive criminal history, the fact that Laufer was on
supervised release for a prior felony conviction at the time of the instant offense,
and the danger to the community posed by Laufer’s possession of drugs and
firearms. See Gall, 552 U.S. at 51.
AFFIRMED.

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