United States v. Isaiah Follet , 410 F. App'x 26 ( 2010 )

FILED
NOT FOR PUBLICATION DEC 13 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-30432
Plaintiff - Appellee, 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