United States v. Dean Perri ( 2010 )

FILED
NOT FOR PUBLICATION JAN 11 2010
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, Nos. 09-30140 & 09-30141
Plaintiff - Appellee, D.C. Nos. 3:08-CR-00529-JAR
3:99-CR-00122-JAR
v.
MEMORANDUM *
DEAN JOHN PERRI,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
James A. Redden, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
In these consolidated appeals, Dean John Perri appeals from the consecutive
three-month sentences imposed upon revocation of supervised release. We have
jurisdiction pursuant to 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).
NC/Research
Perri contends that the sentence is unreasonable because the district court
failed to consider all of the factors under 18 U.S.C. § 3583(e), impermissibly relied
upon factors omitted from § 3583(e), and placed undue weight on his criminal
history. The record reflects that the district court did not improperly rely upon
factors omitted under § 3583(e), considered the appropriate sentencing factors, and
that the sentence below the guidelines range is substantively reasonable. See
United States v. Miqbel, 444 F.3d 1173, 1176, 1181-82 (9th Cir. 2006) (stating that
sentences imposed upon supervised release are reviewed for reasonableness and
discussing the factors a district court may consider upon imposition of such
sentence).
AFFIRMED.
NC/Research 2 09-30140