United States v. David Navarro

375 F. App'x 738

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 14, 2010
• Docket: 09-50230
• Status: Unpublished

Opinion

MEMORANDUM **

David Barajas Navarro appeals from the 18-month sentence imposed upon revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Navarro contends that the district court procedurally erred at sentencing by failing to expressly calculate or consider the applicable Guidelines range. We review Na varro’s contention for plain error. See United States v. Hammons, 558 F.3d 1100, 1103 (9th Cir.2009). Navarro has not shown that the district court’s failure to expressly calculate the applicable Guidelines range affected his substantial rights. The Guidelines range was set out in the petition for revocation of supervised release, the parties did not dispute that the range calculated in the petition was correct, and the court sentenced within it.

AFFIRMED.

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