537 F. App'x 776

UNITED STATES of America, Plaintiff-Appellee, v. Brian Vince BOTZON, Defendant-Appellant.

No. 12-30351.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 14, 2013.*

Filed Aug. 16, 2013.

Joseph Hilary Harrington, Assistant U.S., USSP-Office of the U.S. Attorney, Spokane, WA, for Plaintiff-Appellee.

Syovata Edari, Assistant Federal Public Defender, FPDWA-Federal Public Defender’s Office (Eastern WA & ID), Spokane, WA, for Defendant-Appellant.

Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.

MEMORANDUM **

Brian Vince Botzon appeals from the district court’s judgment and challenges the 14-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Botzon contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Botzon’s sentence. See Gall v. United *777 States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The sentence is substantively reasonable in light of Botzon’s criminal history, his breach of the court’s trust, and the need to protect the public. See 18 U.S.C. § 3583(e); United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007).

To the extent that Botzon contends that the district court placed improper weight on his original armed bank robbery offense, the record reflects that the court properly considered that offense as part of his criminal history, and did not impermissibly punish Botzon for the conduct related to his revocation offenses. See Simtob, 485 F.3d at 1062-63.

AFFIRMED.

United States v. Botzon
537 F. App'x 776

Case Details

Name
United States v. Botzon
Decision Date
Aug 16, 2013
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537 F. App'x 776

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United States

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