Opinion
21-10029
07-28-2021
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RICHARD K. MONIZ, Defendant-Appellant.
NOT FOR PUBLICATION
Submitted July 19, 2021.[**]
Appeal from the United States District Court for the District of Hawaii D.C. No. 1:09-cr-00191-JMS-1, J. Michael Seabright, District Judge, Presiding
Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
MEMORANDUM [*]
Richard K. Moniz 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.
Moniz contends that the district court violated the Eighth Amendment's prohibition against cruel and unusual punishment by relying in part on his mental illness in selecting the 12-month sentence. We review de novo whether a sentence violates the Eighth Amendment. See United States v. Meiners, 485 F.3d 1211, 1212 (9th Cir. 2007). The record does not support Moniz's claim that the district court imposed the within-Guidelines sentence due to his mental illness. Rather, the district court appropriately considered Moniz's performance on supervised release and imposed the sentence as a sanction for his significant breach of the court's trust. See United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007).
AFFIRMED.
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, Moniz's motion to expedite submission without oral argument is granted.