United States v. Jose Estrada , 360 F. App'x 880 ( 2009 )

FILED
NOT FOR PUBLICATION DEC 30 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10113
Plaintiff - Appellee, D.C. No. 2:03-CR-01298-FRZ
v.
MEMORANDUM *
JOSE LUIS ESTRADA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jose Luis Estrada appeals from his 21-month sentence imposed following
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).
DAT/Research
Estrada contends that his sentence is unreasonable because, among other
things, the district court failed to adequately consider the fact that his original
sentence may have been based on a miscalculated Guidelines range. This
contention is belied by the record. See United States v. Carty, 520 F.3d 984, 992-
93 (9th Cir. 2008) (en banc); United States v. Gerace, 997 F.2d 1293, 1295 (9th
Cir. 1993) (“An appeal challenging a probation revocation proceeding is not the
proper avenue through which to attack the validity of the original sentence”).
Estrada also argues that the court failed to adequately explain why it was
ordering the 21-month sentence imposed upon revocation to run subsequent to
another federal sentence. The record reflects that the district court did not err in
this regard. See United States v. Fifield, 432 F.3d 1056, 1066 (9th Cir. 2005).
To the extent that Estrada challenges the substantive reasonableness of his
sentence, the sentence is not substantively unreasonable, under the totality of the
circumstances. See Gall v. United States, 552 U.S. 38, 51-52 (2007).
AFFIRMED.
DAT/Research 2 09-10113