Opinion
No. 07-10577.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 29, 2008.
Claire Kiehl Lefkowitz, Esq., USTU-Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.
Natman Schaye, Esq., Tucson, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, John M. Roll, District Judge, Presiding. D.C. No. CR-98-00228-JMR.
Before: GOODWIN, WALLACE and RYMER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Benjamin Canez appeals from the 25-month sentence imposed upon revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Canez contends that it was unreasonable for the district court to impose an above-Guidelines range sentence pursuant to the departure provision set forth in U.S.S.G. § 7B1.4 Application Note 3, and that the sentence is also unreasonable in light of the applicable 18 U.S.C. § 3553(a) factors. We conclude that the sentence is reasonable. See United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir. 2006); United States v. Mohamed, 459 F.3d 979, 986-87 (9th Cir. 2006).
AFFIRMED.