United States v. Pedro De La Rosa-Soto
Opinion
Opinion
MEMORANDUM
Pedro De La Rosa-Soto appeals from the district court’s judgment and challenges the 24-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
De La Rosa-Soto contends that the district court procedurally erred by failing to calculate the applicable Guidelines range. It is plain error for a district court to fail to calculate the Guidelines range. See United States v. Hammons, 558 F.3d 1100, 1105 (9th Cir.2009). Nevertheless, the record reflects that the district court was aware of the undisputed Guidelines range. Accordingly, any error by the district court was harmless and did not affect De La Rosa-Soto’s substantial rights. See Fed.R.Crim.P. 52(a).
De La Rosa-Soto also contends that his sentence is substantively unreasonable in light of victimless nature of his supervised release violation. The district court did not abuse its discretion in imposing De La Rosa-Soto’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The sentence at the top end of the undisputed Guidelines range is substantively reasonable in light of the 18 U.S.C. § 3583 (e) sentencing…