U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Lee Mooring

United States v. Lee Mooring
U.S. Court of Appeals for the Ninth Circuit · Decided April 11, 2011 · Fletcher, Clifton, Bea
426 F. App'x 534

United States v. Lee Mooring

Opinion

MEMORANDUM **

Lee Edward Mooring appeals from the 12-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Mooring contends the district court proeedurally erred by improperly considering his criminal history. Contrary to Mooring’s contention, the district court did not plainly err. See U.S. v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007).

Moreover, in light of the totality of the circumstances and the factors applicable under 18 U.S.C. § 3583(e), the sentence is substantively reasonable. See U.S. v. Miqbel, 444 F.3d 1173, 1181-82 (9th Cir. 2006) (explaining the factors to consider under 18 U.S.C. § 3583(e)).

AFFIRMED.

**

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

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