United States v. Mario Anguiano-Silva

MEMORANDUM

Mario Anguiano-Silva appeals from the 14-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Anguiano-Silva contends that the district court procedurally erred by failing to address his argument that a lower sentence was justified in light of the length of the sentence imposed for his new 8 U.S.C. § 1326 violation. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find none. The district court explained that a lower sentence would not adequately reflect the 18 U.S.C. § 3583 (e) sentencing factors or appropriately sanction Anguiano-Silva for his breach of the court’s trust.

Anguiano-Silva also contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Anguiano-Silva’s sentence. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). In light of the totality of the circumstances and the section 3583(e) sentencing factors, the below-Guidelines sentence is substantively reasonable. See id.

AFFIRMED.

This disposition is not appropriate for publication and is…