United States v. Eduardo Ayon

FILED NOT FOR PUBLICATION SEP 02 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 10-50021

Plaintiff - Appellee, D.C. No. 3:06-cr-02162-BEN v.

MEMORANDUM * EDUARDO AYON,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding

Submitted August 23, 2010 **

Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.

Eduardo Ayon appeals from the 12-month sentence imposed following the revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Ayon contends that the district court failed to adequately explain its sentence. The district court’s explanation was sufficient and met the requirements of 18 U.S.C. § 3553(c)(2). See United States v. Musa, 220 F.3d 1096, 1101 (9th Cir. 2000).

Ayon also contends that the imposition of supervised release violates Apprendi v. New Jersey, 530 U.S. 466 (2000). This argument is foreclosed by United States v. Santana, 526 F.3d 1257, 1262 (9th Cir. 2008).

AFFIRMED.

2 10-50021