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United States v. Arbaugh

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 19, 2014
584 F. App'x 580 (9th Cir. 2014)

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NOT FOR PUBLICATION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.


Summaries of

United States v. Arbaugh

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 19, 2014
584 F. App'x 580 (9th Cir. 2014)
Case details for

United States v. Arbaugh

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERT LEE ARBAUGH…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 19, 2014

Citations

584 F. App'x 580 (9th Cir. 2014)