United States v. Menes Weightman ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-30080
Plaintiff-Appellee, D.C. No. 3:13-cr-00046-SLG-1
v.
MEMORANDUM*
MENES WEIGHTMAN,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Alaska
Sharon L. Gleason, District Judge, Presiding
Submitted October 15, 2019**
Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.
Menes Weightman appeals from the district court’s judgment and challenges
the sentence of 12 months and one day imposed on revocation of supervised
release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Weightman contends that the district court impermissibly imposed the
*
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).
sentence to promote his rehabilitation in violation of Tapia v. United States, 564
U.S. 319 (2011). We review for plain error, see United States v. Grant, 664 F.3d
276, 279 (9th Cir. 2011), and conclude that there is none. While the district court
encouraged Weightman to use his time in prison to create a transitional plan for his
release, the record does not show that the court imposed or lengthened
Weightman’s sentence to promote rehabilitation. See Tapia, 564 U.S. at 334
(federal court does not run afoul of 18 U.S.C. § 3582(a) by “discussing the
opportunities for rehabilitation within prison”).
AFFIRMED.
2 19-30080