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U.S. v. Ward

United States Court of Appeals, Ninth Circuit
Feb 26, 2007
222 F. App'x 634 (9th Cir. 2007)

Opinion

No. 06-30344.

Submitted February 20, 2007.

This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed February 26, 2007.

Michael S. Lahr, Esq., USHE — Office of the U.S. Attorney, Helena, MT, for Plaintiff-Appellee.

Walter M. Hennessey, Esq., Hennessey and Joyce, Butte, MT, for Defendant-Appellant.

Appeal from the United States District Court for the District of Montana; Charles C. Lovell, District Judge, Presiding. D.C. No. CR-99-00008-2-CCL.

Before: BEEZER, FERNANDEZ, and McKEOWN, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Beth Ann Ward appeals from the sentence imposed upon revocation of her supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for reasonableness the sentence imposed upon revocation, see United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir. 2006), and we affirm.

Ward contends that the sentence imposed by the district court is unreasonable, in light of certain sentencing factors of 18 U.S.C. § 3553, as incorporated by 18 U.S.C. § 3583(e). This contention is unpersuasive. "A district court is not required to refer to each factor listed in § 3553(a)." United States v. Mix, 457 F.3d 906, 912 (9th Cir. 2006). Further, the district court properly considered the applicable Chapter 7 Guidelines range, as well as § 3553 factors such as deterrence and protection of the public, before imposing a 24-month term of imprisonment and a 24-month term of supervised release. We conclude that the sentence was reasonable. See United States v. Marcial-Santiago, 447 F.3d 715, 719 (9th Cir.) (affirming where the district court "gave thoughtful attention to factors recognized in § 3553(a) and exercised sound discretion"), cert. denied sub nom. Acosta-Franco v. United States, ___ U.S. ___, 127 S.Ct. 309, 166 L.Ed.2d 232 (2006).

AFFIRMED.


Summaries of

U.S. v. Ward

United States Court of Appeals, Ninth Circuit
Feb 26, 2007
222 F. App'x 634 (9th Cir. 2007)
Case details for

U.S. v. Ward

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Beth Ann WARD…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 26, 2007

Citations

222 F. App'x 634 (9th Cir. 2007)