United States of America v. Jack Robert Gray, Iii

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JACK ROBERT GRAY, III,
Defendant - Appellant.
No. 14-30261
D.C. No. 3:03-cr-00064-HZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Marco A. Hernandez, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Jack Robert Gray, III, appeals from the district court’s judgment and
challenges the 60-day custodial sentence and 24-month term of supervision
imposed upon revocation of supervised release. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
SEP 01 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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Gray contends that his sentence is substantively unreasonable in light of the
nature of his violation, his personal history, and the facts of the case. The district
court did not abuse its discretion in imposing Gray’s sentence. See Gall v. United
States, 552 U.S. 38, 51 (2007). Contrary to Gray’s contention, the record reflects
that the district court was concerned primarily with Gray’s breach of trust and the
need to deter, rather than with punishing him for using marijuana. See United
States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007). Moreover, the below-
Guidelines 60-day custodial sentence and 24-month term of supervised release are
substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and
the totality of the circumstances. See Gall, 552 U.S. at 51.
AFFIRMED.
14-30261 2

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