United States v. Jesus Aguila-Flores

Good Law
385 F. App'x 620
United States Court of Appeals for the Ninth CircuitJune 17, 201009-50310California167 words

Opinion

MEMORANDUM

Jesus Aguila-Flores appeals from the 12-month sentence imposed upon revoeation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Aguila-Flores contends that the district court committed procedural error by, among other things, failing to explain the reasons underlying the sentence. The record indicates that the district court’s sentencing explanation was adequate under the circumstances, and the court did not otherwise procedurally err. See Rita v. United States, 551 U.S. 338, 359 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007); United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc).

Aguila-Flores further contends that the sentence imposed was substantively unreasonable. Considering the totality of the circumstances, Aguila-Flores’ within-Guidelines sentence was substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); see also Carty, 520 F.3d at 993 .

AFFIRMED.

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