United States of America v. Dashane Warren Vielle

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DASHANE WARREN VIELLE,
Defendant - Appellant.
No. 23-679
D.C. No.
2:17-cr-00060-RMP-1
Eastern District of Washington,
Spokane
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Rosanna Malouf Peterson, District Judge, Presiding
Submitted November 14, 2023**
Before: SILVERMAN, WARDLAW, and TALLMAN, Circuit Judges.
Dashane Warren Vielle appeals from the district court’s judgment and
challenges the 14-month term of imprisonment imposed upon the revocation of his
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Vielle contends that his sentence is substantively unreasonable. In his view,
* 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
NOV 22 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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(1) the district court should not have imposed a sentence at the high end of the
Guidelines range because his supervised release violations were “technical” and
were driven by his drug withdrawal symptoms, (2) the Sentencing Guidelines are
too punitive and result in overincarceration, and (3) he had no prior violent federal
offenses. We conclude that the district court did not abuse its discretion. See Gall
v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable
in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the
circumstances, including Vielle’s state criminal record and history on federal
supervision. See 18 U.S.C. § 3553(a)(1), (a)(2)(C); Gall, 552 U.S. at 51.
AFFIRMED.

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