U.S. Court of Appeals for the Ninth Circuit, 2014

United States v. Henry Lopez-Duvon

United States v. Henry Lopez-Duvon
U.S. Court of Appeals for the Ninth Circuit · Decided May 27, 2014 · Clifton, Bea, Watford
575 F. App'x 761

United States v. Henry Lopez-Duvon

Opinion

MEMORANDUM **

Henry Armando Lopez-Duvon appeals from the district court’s judgment revoking supervised release and challenges the 24-month sentence imposed upon revocation. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Lopez-Duvon contends that the district court procedurally erred by failing to consider his mitigating arguments and to explain the sentence adequately in light of the 18 U.S.C. § 3553(a) sentencing factors. We review for plain error, see United *762 States v. Valencia-Barragan, 608 F.3d 1103, 1108 & n. 3 (9th Cir. 2010), and find none. The record reflects that the district court addressed Lopez-Duvon’s mitigating arguments and explained adequately the need for the consecutive, 24-month sentence in light of Lopez-Duvon’s criminal and immigration history and his failure to be deterred by his prior sentences. Its failure to do more was not plain error. See id. at 1108.

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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