United States v. Irene Amezquita-Estrada

MEMORANDUM

Irene Amezquita-Estrada appeals from the district court’s 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.

Amezquita-Estrada contends that the district court procedurally erred by imposing sentence based on the need to punish her new criminal conduct. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects that the district court was concerned primarily with Amezquita-Estrada’s breach of trust and the need to deter, rather than with punishing Amezquita-Estrada for her new offense. See United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir.2007).

Amezquita-Estrada also contends that the district court imposed a substantively unreasonable sentence in light of her mitigating factors and because the court failed to depart downward to account for the time Amezquita-Estrada had served in pretrial detention. The district court did not abuse its discretion in imposing Amezquita-Estrada’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The…