United States v. Loreano Gomez-Villa

Good Law
357 F. App'x 948
United States Court of Appeals for the Ninth CircuitDecember 16, 200909-10163California150 words

Opinion

MEMORANDUM

Loreano Gomez-Villa appeals from the 18-month sentence imposed following the revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gomez-Villa contends that the district court proeedurally erred by, among other things, imposing an above-Guidelines variance without adequately considering his mitigation arguments that he had returned to the United States to be with his children. His contentions are belied by the record. See United States v. Carty, 520 F.3d 984, 992-93, 996 (9th Cir.2008) (en bane); see also United States v. Leonard, 483 F.3d 635, 637 (9th Cir.2007). In addition, the record reflects that his sentence is substantively reasonable, under the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51-52 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).

AFFIRMED.

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