DocketNumber: 09-10163
Citation Numbers: 357 F. App'x 948
Filed Date: 12/16/2009
Status: Non-Precedential
Modified Date: 1/12/2023
FILED NOT FOR PUBLICATION DEC 16 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-10163 Plaintiff - Appellee, D.C. No. 2:03-CR-00751-JAT v. MEMORANDUM * LOREANO GOMEZ-VILLA, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding Submitted November 17, 2009 ** Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges. Loreano Gomez-Villa appeals from the 18-month sentence imposed following the revocation of supervised release. We have jurisdiction under28 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 finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). DAT/Research Gomez-Villa contends that the district court procedurally erred by, among other things, imposing an above-Guidelines variance without adequately considering his mitigation arguments that he had returned to the United States to be with his children. His contentions are belied by the record. See United States v. Carty,520 F.3d 984
, 992-93, 996 (9th Cir. 2008) (en banc); see also United States v. Leonard,483 F.3d 635
, 637 (9th Cir. 2007). In addition, the record reflects that his sentence is substantively reasonable, under the totality of the circumstances. See Gall v. United States,552 U.S. 38
, 51-52 (2007). AFFIRMED. DAT/Research 2 09-10163