United States of America v. William Martin Shawl

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
WILLIAM MARTIN SHAWL,
Defendant-Appellant.
No. 18-30236
D.C. No. 2:18-cr-00062-WFN-1
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted June 11, 2019**
Before: CANBY, GRABER, and MURGUIA, Circuit Judges.
William Martin Shawl appeals from the district court’s judgment and
challenges the 36-month sentence imposed following his guilty-plea conviction for
escape from custody, in violation of 18 U.S.C. §§ 751(a) and 4082(a). 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
JUN 14 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-30236
Shawl contends that the sentence is substantively unreasonable in light of the
mitigating factors, including his difficult upbringing, the recent deaths in his
family, and the non-serious nature of the offense. The district court did not abuse
its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The record
reflects that the court considered Shawl’s arguments but concluded that an above-
Guidelines sentence was warranted. The sentence is substantively reasonable in
light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the
circumstances, including Shawl’s significant criminal history and the need to
protect the public. See Gall, 552 U.S. at 51; United States v. Gutierrez-Sanchez,
587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the various factors in a
particular case is for the discretion of the district court.”).
AFFIRMED.

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