USA V. TODD SCHMIDT, No. 14-30084 (9th Cir. 2015)

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FILED MAR 18 2015 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-30084 D.C. No. 6:13-cr-00014-SEH v. MEMORANDUM* TODD ALLEN SCHMIDT, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding Submitted March 10, 2015** Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges. Todd Allen Schmidt appeals from this district court’s judgment and challenges the 96-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). 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). Schmidt contends that his sentence is substantively unreasonable given his relatively minor role and the fact that he had “several years” of law-abiding conduct prior to the offense. The district court did not abuse its discretion in imposing Schmidt’s within-Guidelines sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including Schmidt’s criminal history and the fact that he was under supervision for a prior felony drug conviction at the time he committed the instant offense. See Gall, 552 U.S. at 51. AFFIRMED. 1 2 14-30084

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