FILED

NOT FOR PUBLICATION APR 22 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-10378

Plaintiff - Appellee, D.C. No. 2:09-cr-00294-LDG

v.

MEMORANDUM *

VICTOR MANUEL BOJORQUEZ-

ALVAREZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada Lloyd D. George, District Judge, Presiding

Submitted April 16, 2013 **

Before: CANBY, IKUTA, and WATFORD, Circuit Judges.

Victor Manuel Bojorquez-Alvarez appeals from the 12-month sentence

imposed upon revocation of supervised release. We have jurisdiction under 28

U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Bojorquez-Alvarez contends that his sentence is substantively unreasonable

in light of the fact that, at the time of sentencing, he had already served an 18-

month sentence for the immigration offense that triggered his revocation. The

district court did not abuse its discretion in imposing Bojorquez-Alvarez’s

sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The 12-month

sentence is substantively reasonable in light of Bojorquez-Alvarez’s failure to be

deterred and breach of the court’s trust. See 18 U.S.C. § 3583(e); United States v.

Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007).

AFFIRMED.

2 12-10378