USA V. NICHOLAS LAMERE, JR., No. 19-30227 (9th Cir. 2020)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAY 13 2020 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. U.S. COURT OF APPEALS No. 19-30227 D.C. No. 9:16-cr-00033-DWM-1 MEMORANDUM* NICHOLAS DENNIS LAMERE, Jr., Defendant-Appellant. Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding Submitted May 6, 2020** Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges. Nicholas Dennis Lamere, Jr. appeals from the district court’s judgment and challenges the 10-month sentence imposed upon his second revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Lamere contends that the within-Guidelines sentence is substantively * 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). unreasonable. The district court did not abuse its discretion in light of the 18 U.S.C. § 3583(e) sentencing factors and totality of the circumstances, including Lamere’s repeated violation of supervised release. See Gall v. United States, 552 U.S. 38, 51 (2007); see also United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007). Moreover, contrary to Lamere’s contention, the record reflects that the district court relied on only proper sentencing factors. See Simtob, 485 F.3d at 1062. AFFIRMED. 2 19-30227

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