United States v. Daniel Brown ( 2016 )

FILED
NOT FOR PUBLICATION DEC 21 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30324
Plaintiff-Appellee, D.C. No. 3:14-cr-00117-SLG
v. MEMORANDUM*
DANIEL ALAN BROWN,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Alaska
Sharon L. Gleason, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Daniel Alan Brown appeals from the district court’s judgment and
challenges the 180-month sentence and lifetime of supervised release imposed
following his guilty-plea conviction for distribution of child pornography, in
*
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).
violation of 18 U.S.C. § 2252(a)(2) and (b)(1). We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Brown contends that the district court procedurally erred by considering
erroneous facts and by insufficiently explaining the sentence. The record reflects
that, even if the district court misstated the duration of Brown’s illegal activity, that
characterization did not affect Brown’s substantial rights. See United States v.
Dallman, 533 F.3d 755, 761-62 (9th Cir. 2008). The court carefully explained the
sentence in light of the 18 U.S.C. § 3553(a) factors and Brown’s arguments.
Brown next contends that his sentence is substantively unreasonable in light
of mitigating factors such as his lack of prior criminal history, age, education, his
cooperation with law enforcement and the likelihood that he will re-offend. The
court did not abuse its discretion in imposing Brown’s sentence. See Gall v.
United States, 552 U.S. 38, 51 (2007). The below- Guidelines sentence is
substantively reasonable in light of the section 3553(a) sentencing factors and the
totality of the circumstances, including Brown’s admission that his independent
attempts to curtail his interest in child pornography over a period of many years
were unsuccessful. See Gall, 552 U.S. at 51.
AFFIRMED.
2 15-30324