United States of America v. Robert Lewis Burshia

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT LEWIS BURSHIA,
Defendant - Appellant.
No. 14-30122
D.C. No. 4:13-cr-00093-BMM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Robert Lewis Burshia appeals from the district court judgment and
challenges the 144-month sentence imposed following his jury-trial conviction for
three counts of assault with a dangerous weapon, in violation of 18 U.S.C.
§§ 1153(a), 113(a)(3), and one count of assault resulting in serious bodily injury, in
FILED
JUN 30 2015
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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violation of 18 U.S.C. §§ 1153(a), 113(a)(6). We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Burshia contends that the district court procedurally erred by failing to
explain the sentence adequately, including why it imposed a consecutive 24-month
sentence on the serious bodily injury count. 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 district court considered the relevant 18 U.S.C.
§ 3553(a) sentencing factors, including Burshia’s substance abuse problems, and
sufficiently explained the basis for the sentence.
Burshia also contends that his 144-month sentence is substantively
unreasonable because his need for rehabilitation outside of prison justifies a shorter
sentence. The district court did not abuse its discretion. See United States v.
Overton, 573 F.3d 679, 700 (9th Cir. 2009). The within-Guidelines sentence is
substantively reasonable in light of the section 3553(a) factors and the totality of
the circumstances, including the seriousness of the offense. See United States v.
Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
AFFIRMED.
14-30122 2

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