Opinion
No. 14-10486
06-29-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALY AZIZ CONTEH, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:05-cr-50127-GMS MEMORANDUM Appeal from the United States District Court for the District of Arizona
G. Murray Snow, District Judge, Presiding
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Aly Aziz Conteh appeals from the district court's judgment and challenges the 12-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Conteh contends that the district court procedurally erred by (1) violating Federal Rule of Criminal Procedure 32(i)(3) by failing to resolve an alleged factual dispute concerning his previous contacts with police, (2) improperly considering his state prison disciplinary infractions, and (3) failing to explain adequately the sentence. We review for plain error, see United States v. Hammons, 558 F.3d 1100, 1103 (9th Cir. 2009), and find none. Assuming, without deciding, that Rule 32(i)(3) applies to revocation of supervised release proceedings, Conteh has failed to show that the disputed facts played any role in the district court's sentencing decision. See United States v. Saeteurn, 504 F.3d 1175, 1181 (9th Cir. 2007) (Rule 32(i)(3)(B) "is limited to factual disputes which affect the temporal term of the sentence the district court imposes"). Further, any consideration of Conteh's state prison disciplinary infractions by the district court was not error. See 18 U.S.C. § 3553(a)(1) (district court shall consider defendant's history and characteristics at sentencing). The district court also sufficiently explained the above-Guidelines sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
AFFIRMED.