United States v. Jorge Garcia-Pantoja

U.S. Court of Appeals for the Ninth Circuit
United States v. Jorge Garcia-Pantoja, 552 F. App'x 746 (9th Cir. 2014)

United States v. Jorge Garcia-Pantoja

Opinion

MEMORANDUM ***

Jorge Garcia-Pantoja appeals from the district court’s judgment and challenges the 12-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Garcia-Pantoja contends that the district court erred by ordering his revocation sentence to run consecutively to his sentence for illegal reentry. He argues that U.S.S.G. § 5Dl.l(c) creates a presumption that the court impose a concurrent sentence when a deportable alien is sentenced for violating supervised release. We disagree. Section 5Dl.l(e) concerns the imposition of a term of supervised release, not the sentence to be imposed upon revocation. See U.S.S.G. § 5D 1.1(c) (2011). Contrary to Garcia-Pantoj a’s argument, the Guidelines recommend that the court impose a consecutive sentence for a supervised release violation. See U.S.S.G. § 7B 1.3(f).

Garcia-Pantoja next contends that his sentence is substantively unreasonable be *747 cause it creates unwarranted sentencing disparities. Contrary to his claim, Garcia-Pantoja is not similarly situated to defendants who are not serving terms of supervised release. The district court did not abuse its discretion in imposing Garcia-Pantoja’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). In light of the totality of the circumstances and the 18 U.S.C. § 3583(e) sentencing factors, the consecutive sentence is substantively reasonable. See id.

AFFIRMED.

***

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Jorge GARCIA-PANTOJA, A.K.A. Jorge Garcia-Pantoia, Defendant-Appellant
Status
Unpublished