United States v. Luis Dominguez-Rivera

FILED
NOT FOR PUBLICATION DEC 31 2012
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. 12-10076
Plaintiff - Appellee, D.C. No. 4:04-cr-00221-DCB
v.
MEMORANDUM *
LUIS ANGEL DOMINGUEZ-RIVERA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Timothy M. Burgess, District Judge, Presiding **
Submitted December 19, 2012 ***
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Luis Angel Dominguez-Rivera appeals from the district court’s judgment
and challenges the 18-month sentence imposed upon revocation of supervised
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Timothy M. Burgess, United States District Judge for
the District of Alaska, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Dominguez-Rivera contends that his sentence is substantively unreasonable.
We review for abuse of discretion. See Gall v. United States, 552 U.S. 38, 51
(2007). Dominguez-Rivera first contends that the court punished him twice for
violating the terms of supervised release imposed in 2004. This contention is
belied by the record. The current 18-month sentence was imposed after
Dominguez-Rivera committed a new offense that violated the terms of supervised
release imposed in 2009.
Dominguez-Rivera also contends that the revocation sentence is
substantively unreasonable because it was imposed to run consecutively to the
sentence imposed for his 8 U.S.C. § 1326 conviction. In light of the 18 U.S.C.
§ 3583(e) sentencing factors and the totality of the circumstances, especially
Dominguez-Rivera’s breach of the court’s trust, the sentence is substantively
reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007).
To the extent Dominguez-Rivera argues that the maximum term of
imprisonment must be reduced under 18 U.S.C. § 3583(e)(3) by the length of any
previous terms of imprisonment imposed upon revocation of supervised release,
this argument is foreclosed by United States v. Knight, 580 F.3d 933, 937-38 (9th
Cir. 2009).
AFFIRMED.
2 12-10076