Opinion
No. 13-50603
01-27-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OSCAR SOLIS-JARAMILLO, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:07-cr-01547-WQH MEMORANDUM Appeal from the United States District Court for the Southern District of California
William Q. Hayes, District Judge, Presiding
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Oscar Solis-Jaramillo appeals from the district court's judgment and challenges the seven-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Solis-Jaramillo contends that the district court procedurally erred by failing to respond to his sentencing arguments and by failing to explain adequately the sentence and why it was imposed to run consecutively to the sentence imposed for Solis-Jaramillo's new criminal conviction. We review for plain error, see United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir. 2006), and find none. The record reflects that the court considered Solis-Jaramillo's arguments and sufficiently explained the sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
Solis-Jaramillo next contends that his sentence is substantively unreasonable in light of his history and characteristics. The district court did not abuse its discretion in imposing Solis-Jaramillo'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 the need to afford adequate deterrence and to protect the public. See Gall, 552 U.S. at 51.
AFFIRMED.