United States v. Henry Lopez-Duvon

Good Law
575 F. App'x 761
United States Court of Appeals for the Ninth CircuitMay 27, 201413-10207California161 words

Opinion

MEMORANDUM

Henry Armando Lopez-Duvon appeals from the district court’s judgment revoking supervised release and challenges the 24-month sentence imposed upon revocation. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lopez-Duvon contends that the district court procedurally erred by failing to consider his mitigating arguments and to explain the sentence adequately in light of the 18 U.S.C. § 3553 (a) sentencing factors. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103 , 1108 & n. 3 (9th Cir.2010), and find none. The record reflects that the district court addressed Lopez-Duvon’s mitigating arguments and explained adequately the need for the consecutive, 24-month sentence in light of Lopez-Duvon’s criminal and immigration history and his failure to be deterred by his prior sentences. Its failure to do more was not plain error. See id. at 1108 .

AFFIRMED.

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

United States v. Henry Lopez-Duvon · Ninth Circuit Court of Appeals · 2014 | Caselegis