Opinion
No. 11-50124 D.C. No. 3:08-cr-07053-IEG
12-30-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY D. SWANEGAN, a.k.a. Anthony Swanegan, a.k.a. Anthony Demetri Swanegan, a.k.a. Anthony Demitus Swanegan, 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NOT FOR PUBLICATION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 Southern District of California
Irma E. Gonzalez, Chief Judge, Presiding
Submitted December 19, 2011
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
--------
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Anthony D. Swanegan appeals from the 24-month sentence imposed following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Swanegan contends that the district court procedurally erred by failing to explicitly calculate the Sentencing Guidelines range, and by improperly relying on punishment during sentencing. Swanegan has not shown that the district court's failure to expressly calculate the Guidelines range affected his substantial rights, particularly where the probation officer correctly calculated the Guidelines range and the district court provided sufficient reasons for the sentence. See United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008). Further, taken in context, the district court's reference to "punishment" properly concerned sanctions for Swanegan's supervised release violations, not for the underlying state crimes. See United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007).
AFFIRMED.