United States v. Anthony Mathias ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 26 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 22-30129
Plaintiff-Appellee, D.C. No. 2:11-cr-00024-WFN-1
v.
ANTHONY J. MATHIAS, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted April 17, 2023**
Before: CLIFTON, R. NELSON, and BRESS, Circuit Judges.
Anthony J. Mathias appeals from the district court’s judgment and
challenges the 24-month sentence imposed upon the fourth revocation of his
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Mathias contends that the 24-month, statutory maximum sentence is
*
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).
substantively unreasonable because it is significantly above his Guidelines range
and his violations were driven by his drug addiction. The district court did not
abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence is substantively reasonable in light of the applicable 18 U.S.C. § 3553(a)
sentencing factors and the totality of the circumstances, including Mathias’s
repeated poor performance on supervision and the need to protect the public. See
18 U.S.C. § 3583(e); see also Gall, 552 U.S. at 51; 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 22-30129