Opinion
No. 09-10163.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 16, 2009.
John Robert Lopez, USPX-Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.
Tyrone Mitchell, Esquire, Tyrone Mitchell P.C., Phoenix, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, James A. Teilborg, District Judge, Presiding. D.C. No. 2:03-CR-00751-JAT.
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Loreano Gomez-Villa appeals from the 18-month sentence imposed following the revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
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, (537 (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, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).