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

United States v. Fidel Diaz-Lemus

United States v. Fidel Diaz-Lemus
U.S. Court of Appeals for the Ninth Circuit · Decided December 30, 2011 · Goodwin, Wallace, McKeown
464 F. App'x 650

United States v. Fidel Diaz-Lemus

Opinion

MEMORANDUM **

Fidel Diaz-Lemus 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.

Diaz-Lemus contends that the district court failed to consider the 18 U.S.C. § 3553(a) factors in imposing the consecutive 12-month sentence, and that his sentence is substantively unreasonable. The district court did not procedurally err and Diaz-Lemus’ within-Guidelines sentence is reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); U.S.S.G. § 7B1.3(a)(l), (f).

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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