United States v. Leroy McCoy

FILED
NOT FOR PUBLICATION OCT 16 2012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. 12-10066
Plaintiff - Appellee, D.C. No. 2:05-cr-00425-KJD
v.
MEMORANDUM *
LEROY MCCOY,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted October 9, 2012 **
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Leroy McCoy appeals from the 24-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).
McCoy contends that the district court erred by failing to provide specific
reasons for his above-Guidelines sentence, making it impossible to determine if the
court relied on impermissible factors. The record belies this contention. The
district court noted McCoy’s history and background and concluded that he was
not amenable to supervision based on his past violations. Nothing more was
required. See United States v. Leonard, 483 F.3d 635, 637 (9th Cir. 2007).
AFFIRMED.
2 12-10066