Opinion
No. 11-10599 D.C. No. 2:08-cr-01333-DCB
09-24-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JESUS OCTAVIO SANDOVAL-TALAVERA, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Jesus Octavio Sandoval-Talavera appeals from the 24-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Sandoval-Talavera first contends that the district court procedurally erred by failing to explain adequately the basis for imposing a consecutive sentence. The record reflects that the court considered the parties' arguments and adequately explained the sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
Sandoval-Talavera next contends that his sentence is substantively unreasonable. In light of Sandoval-Talavera's lengthy criminal history, failure to be deterred, and breach of trust, the sentence is substantively reasonable. See 18 U.S.C. § 3583(e); United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006) (at a revocation sentencing, a district court may sanction the defendant for his breach of trust).
AFFIRMED.