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UNITED STATES of America, Plaintiff-Appellee, v. Mario ANGUIANO-SILVA, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2013-05-21No. No. 12-50305
519 F. App'x 476

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Opinion

majority opinion

MEMORANDUM

Mario Anguiano-Silva appeals from the 14-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Anguiano-Silva contends that the district court procedurally erred by failing to address his argument that a lower sentence was justified in light of the length of the sentence imposed for his new 8 U.S.C. § 1326 violation. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The district court explained that a lower sentence would not adequately reflect the 18 U.S.C. § 3583(e) sentencing factors or appropriately sanction Anguiano-Silva for his breach of the court’s trust.

Anguiano-Silva also contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Anguiano-Silva’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). In light of the totality of the circumstances and the section 3583(e) sentencing factors, the below-Guidelines sentence is substantively reasonable. See id.

AFFIRMED.

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