United States v. Richard Lonebear , 451 F. App'x 710 ( 2011 )

FILED
NOT FOR PUBLICATION OCT 05 2011
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. 10-30357
Plaintiff - Appellee, D.C. No. 1:09-cr-00136-RFC
v.
MEMORANDUM *
RICHARD EUGENE LONEBEAR,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted September 27, 2011 **
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Richard Eugene Lonebear appeals from the lifetime term of supervised
release imposed following his guilty-plea conviction for abusive sexual contact, in
violation of 18 U.S.C. §§ 1153(a) and 2244(a)(5). We have jurisdiction pursuant
to 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).
Lonebear contends that the district court’s imposition of a lifetime term of
supervised release constitutes cruel and unusual punishment under the Eighth
Amendment, and is substantively unreasonable. The imposition of a lifetime term
of supervised release is not unconstitutionally disproportionate given the
circumstances of the case. See United States v. Williams, 636 F.3d 1229, 1232-
1233 (9th Cir. 2011). The sentence is also substantively reasonable under the
totality of the circumstances and in light of the sentencing factors set forth in 18
U.S.C. § 3553(a). See United States v. Daniels, 541 F.3d 915, 922-23 (9th Cir.
2008); see also U.S.S.G. § 5D1.2(b) (policy statement) (recommending the
maximum term of supervised release if the offense of conviction is a sex offense).
AFFIRMED.
2 10-30357