Opinion
No. 14-10068
08-19-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERT LEE ARBAUGH, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:12-cr-00008-PMP MEMORANDUM Appeal from the United States District Court for the District of Nevada
Philip M. Pro, District Judge, Presiding
Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Robert Lee Arbaugh appeals from the district court's judgment and challenges the 9-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Arbaugh contends that his sentence is substantively unreasonable in light of the "minor" nature of his violations of supervised release. To the contrary, the violations were not minor and the district court did not abuse its discretion in imposing Arbaugh's sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Arbaugh's breach of the district court's trust. See United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007).
AFFIRMED.