Opinion
No. 17-30192
04-13-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ANTHONY RAY ESCOBAR, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:11-cr-00017-RMP MEMORANDUM Appeal from the United States District Court for the Eastern District of Washington
Rosanna Malouf Peterson, District Judge, Presiding Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Anthony Ray Escobar appeals from the district court's judgment and challenges the 7-month sentence and 35-month term of supervised release imposed upon his second revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Escobar contends that the sentence is substantively unreasonable because a time-served sentence, or a 7-month sentence with no supervised release term to follow, would have been sufficient to meet the goals of sentencing. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The below-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances. See Gall, 552 U.S. at 51. The fact that a different sentence might also have been reasonable is not grounds for reversal. See id. Moreover, contrary to Escobar's contention, the record reflects that the district court adequately considered and addressed his arguments for a lesser sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
AFFIRMED.