Gomez-Ruballo

United States v. Gomez-Ruballo

Good Law
325 F. App'x 616
United States Court of Appeals for the Ninth CircuitMay 26, 2009No. 08-50515California180 words

Lead Opinion

MEMORANDUM **

Rafael Ernesto Gomez-Ruballo appeals from the 24-month sentence imposed following the revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Gomez-Ruballo contends that the district court relied on an improper factor in sentencing him. This contention is belied by the record. See 18 U.S.C. §§ 3553 (a), 3583(e); United States v. Simtob, 485 F.3d 1058, 1061-63 (9th Cir.2007); United States v. Miqbel, 444 F.3d 1173, 1181-82 (9th Cir.2006).

Gomez-Ruballo also contends that the district court did not adequately explain the reasons for imposing a sentence above the advisory Guidelines range. We conclude that the district court’s explanation was sufficient to allow for meaningful review. See Rita v. United States, 551 U.S. 338 , 127 S.Ct. 2456, 2468 , 168 L.Ed.2d 203 (2007); United States v. Leonard, 483 F.3d 635, 637 (9th Cir.2007); Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 596-97 , 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.