United States v. Pedro Briseno-Marin

414 F. App'x 947

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 17, 2011
• Docket: 10-30174
• Status: Unpublished

Opinion

MEMORANDUM **

Pedro Briseno-Marin appeals from the 24-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Briseno-Marin contends that the district court procedurally erred by failing to: (1) calculate the advisory Guidelines range; (2) remain cognizant of the guidelines throughout sentencing; and (3) adequately explain the reasons for the sentence imposed. The record reflects that the district court did not procedurally err. See United, States v. Carty, 520 F.3d 984, 991-95 (9th Cir.2008) (en banc). Moreover, any such error by the district court did not affect Briseno-Marin’s substantial rights. See United States v. Olano, 507 U.S. 725, 734-35, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993).

Briseno-Marin also contends that his sentence is substantively unreasonable. The sentence was reasonable in light of Briseno-Marin’s continued recidivism, the need for deterrence, and the breach of trust as evidenced by Briseno-Marin’s illegal reentry a mere month after his last deportation. See U.S.S.G. Ch.7, Pt. A(3)(b); see also Carty, 520 F.3d at 993.

AFFIRMED.

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