United States v. Luis Dominguez-Rivera

MEMORANDUM

Luis Angel Dominguez-Rivera appeals from the district court’s judgment and challenges the 18-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Dominguez-Rivera contends that his sentence is substantively unreasonable. We review for abuse of discretion. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). Dominguez-Rivera first contends that the court punished him twice for violating the terms of supervised release imposed in 2004. This contention is belied by the record. The current 18-month sentence was imposed after Dominguez-Rivera committed a new offense that violated the terms of supervised release imposed in 2009.

Dominguez-Rivera also contends that the revocation sentence is substantively unreasonable because it was imposed to run consecutively to the sentence imposed for his 8 U.S.C. § 1326 conviction. In light of the 18 U.S.C. § 3583 (e) sentencing factors and the totality of the circumstances, especially Dominguez-Rivera’s breach of the court’s trust, the sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 ,…