Opinion
No. 12-10378 D.C. No. 2:09-cr-00294-LDG
04-22-2013
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. VICTOR MANUEL BOJORQUEZ-ALVAREZ, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Nevada
Lloyd D. George, District Judge, Presiding
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Victor Manuel Bojorquez-Alvarez appeals from the 12-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Bojorquez-Alvarez contends that his sentence is substantively unreasonable in light of the fact that, at the time of sentencing, he had already served an 18-month sentence for the immigration offense that triggered his revocation. The district court did not abuse its discretion in imposing Bojorquez-Alvarez's sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The 12-month sentence is substantively reasonable in light of Bojorquez-Alvarez's failure to be deterred and breach of the court's trust. See 18 U.S.C. § 3583(e); United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007).
AFFIRMED.