United States v. Bojorquez-Alvarez

516 F. App'x 642

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 22, 2013
• Docket: No. 12-10378
• Status: Published

Opinion

MEMORANDUM

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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.

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, 128 S.Ct. 586, 169 L.Ed.2d 445 (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.

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