USA v. Isaiah Follet, No. 09-30432 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 13 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-30432 D.C. No. 1:09-cr-00024-RFC v. MEMORANDUM * ISAIAH THOMAS FOLLET, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Richard F. Cebull, Chief Judge, Presiding Submitted December 6, 2010 ** Before: GOODWIN, RYMER, and GRABER, Circuit Judges. Isaiah Thomas Follett appeals from the 60-month sentence and lifetime term of supervised release imposed following his guilty-plea conviction for failure to register as a sex offender, in violation of 18 U.S.C. §2250(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 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). Follett contends that the district court erred by imposing a sentence above the Guidelines range after simultaneously applying an upward departure based on the inadequacy of his criminal history category, and imposing an upward variance pursuant to the 18 U.S.C. § 3553(a) sentencing factors. The record reflects that the district court did not procedurally err and that the sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 50-51 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc); United States v. Mohamed, 459 F.3d 979, 988-89 (9th Cir. 2006). Follett also contends that the district court s imposition of a lifetime term of supervised release was unreasonable. We conclude that the district court was within its discretion to find that a lifetime term of supervised release was necessary to comply with the statutory goals of sentencing. See United States v. Daniels, 541 F.3d 915, 921-24 (9th Cir. 2008). AFFIRMED. 2 09-30432
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