Opinion
No. 10-30357 D.C. No. 1:09-cr-00136-RFC
10-05-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RICHARD EUGENE LONEBEAR, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Richard Eugene Lonebear appeals from the lifetime term of supervised release imposed following his guilty-plea conviction for abusive sexual contact, in violation of 18 U.S.C. §§ 1153(a) and 2244(a)(5). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Lonebear contends that the district court's imposition of a lifetime term of supervised release constitutes cruel and unusual punishment under the Eighth Amendment, and is substantively unreasonable. The imposition of a lifetime term of supervised release is not unconstitutionally disproportionate given the circumstances of the case. See United States v. Williams, 636 F.3d 1229, 1232-1233 (9th Cir. 2011). The sentence is also substantively reasonable under the totality of the circumstances and in light of the sentencing factors set forth in 18 U.S.C. § 3553(a). See United States v. Daniels, 541 F.3d 915, 922-23 (9th Cir. 2008); see also U.S.S.G. § 5D1.2(b) (policy statement) (recommending the maximum term of supervised release if the offense of conviction is a sex offense).
AFFIRMED.