USA V. JACK GRAY, III, No. 14-30261 (9th Cir. 2015)
Annotate this Case
Download PDF
FILED SEP 01 2015 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-30261 D.C. No. 3:03-cr-00064-HZ v. MEMORANDUM* JACK ROBERT GRAY, III, Defendant - Appellant. 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. * 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). 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 belowGuidelines 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. 2 14-30261
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
