MEMORANDUM **
Richard K. Moniz appeals from the district courts judgment and challenges the 12-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Moniz contends that the district court violated the Eighth Amendments prohibition against cruel and unusual punishment by relying in part on his mental illness in selecting the 12-month sentence. We review de novo whether a sentence violates the Eighth Amendment. See United States v. Meiners, 485 F.3d 1211, 1212 (9th Cir. 2007). The record does not support Monizs claim that the district court imposed the within-Guidelines sentence due to his mental illness. Rather, the district court appropriately considered Monizs performance on supervised release and imposed the sentence as a sanction for his significant breach of the courts trust. See United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007).
AFFIRMED.