United States v. Gary Adams

357 F. App'x 928

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 14, 2009
• Docket: 09-30105
• Status: Unpublished

Opinion

MEMORANDUM **

Gary L. Adams appeals from the six-month sentence imposed upon revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Adams contends that the sentence is substantively unreasonable in light of his mitigating arguments, and that the district court erroneously considered dismissed battery charges as an aggravating factor at sentencing. Adams’ contention that the district court improperly weighed his dismissed battery charges lacks merit and is not supported by the record. See United States v. Barragan-Espinoza, 350 F.3d 978, 983 (9th Cir.2003). The record reflects that the district court properly considered the sentencing factors under 18 U.S.C. § 3583(e), and that the sentence is reasonable. See 18 U.S.C. § 3583(e); see also United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc); United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir.2006).

AFFIRMED.

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