Opinion
No. 07-10292.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 18, 2008.
Diane J. Humetewa, USPX-Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.
Trautman Dupont, PLC, Phoenix, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, Roslyn O. Silver, District Judge, Presiding. D.C. No. CR-01-00285-ROS.
Before: KOZINSKI, Chief Judge, GOULD and N.R. SMITH, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Ian Juan Cipriano ("Cipriano") appeals the 51-month term of imprisonment imposed by the district judge upon the second revocation of Cipriano's supervised release. We have jurisdiction under 28 U.S.C. § 1291. We review for reasonableness, United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir. 2006), and we affirm.
Because the parties are familiar with the factual and procedural history of this case, we do not recount it in detail here.
Cipriano argues that the district judge based his above-Guidelines sentence on improper considerations. We disagree, and conclude that the district court relied on permissible factors in revoking Cipriano's supervised release and formulating his sentence. See 18 U.S.C. § 3583; Miqbel, 444 F.3d at 1182-83.