United States v. Octavio Vargas-Guzman , 633 F. App'x 465 ( 2016 )

FILED
NOT FOR PUBLICATION MAR 21 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50569
Plaintiff - Appellee, D.C. No. 3:10-cr-01577-LAB
v.
MEMORANDUM*
OCTAVIO VARGAS-GUZMAN,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Octavio Vargas-Guzman appeals from the district court’s judgment and
challenges the 14-month sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Vargas-Guzman contends that the district court procedurally erred by failing
to explain the sentence sufficiently and respond to his mitigating argument that he
entered the United States to care for his family during an emergency. We review
for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th
Cir. 2010), and find none. The record reflects that the district court responded to
Vargas-Guzman’s mitigating argument and adequately explained the sentence. See
Rita v. United States, 551 U.S. 338, 358-59 (2007).
Vargas-Guzman also contends that the sentence is substantively
unreasonable. The district court did not abuse its discretion in imposing Vargas-
Guzman’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing
factors and the totality of the circumstances, including Vargas-Guzman’s criminal
and immigration history. See Gall, 552 U.S. at 51; United States v. Simtob, 485
F.3d 1058, 1062-63 (9th Cir. 2007).
AFFIRMED.
2 14-50569