United States v. Mary Leider ( 2014 )

FILED
NOT FOR PUBLICATION OCT 1 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30313
Plaintiff - Appellee, D.C. No. 1:13-cr-00011-DWM
v.
MEMORANDUM*
MARY AGNES LEIDER,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Mary Agnes Leider appeals from the district court’s judgment and
challenges the 262-month sentence imposed following her guilty-plea conviction
for second degree murder, in violation of 18 U.S.C. §§ 1111 and 1153(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).
Leider first contends that the district court erred by lengthening her sentence
based on her need for rehabilitation. We review for plain error, see United States
v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The
court did not plainly err because the record reflects that it did not lengthen the
sentence based on Leider’s rehabilitative needs. See Tapia v. United States, 131 S.
Ct. 2382, 2392 (2011) (“A court commits no error by discussing the opportunities
for rehabilitation within prison or the benefits of specific treatment or training
programs.”).
Leider also contends that the district court abused its discretion by failing to
adequately weigh her history and characteristics and by giving excessive weight to
the seriousness of the offense. The district court did not abuse its discretion in
imposing Leider’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007).
The sentence at the top of the Guidelines range is substantively reasonable in light
of the section 3553(a) sentencing factors and the totality of the circumstances,
including the nature of Leider’s offense. See id.; see also United States v.
Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the
various factors in a particular case is for the discretion of the district court.”).
AFFIRMED.
2 13-30313