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

United States v. Robert Arbaugh

United States v. Robert Arbaugh
U.S. Court of Appeals for the Ninth Circuit · Decided August 19, 2014 · Schroeder, Thomas, Hurwitz
584 F. App'x 580

United States v. Robert Arbaugh

Opinion

MEMORANDUM **

Robert Lee Arbaugh appeals from the district court’s judgment and challenges the 9-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Arbaugh contends that his sentence is substantively unreasonable in light of the “minor” nature of his violations of supervised release. To the contrary, the violations were not minor and the district court did not abuse its discretion in imposing Arbaugh’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Arbaugh’s breach of the district court’s trust. See United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007).

AFFIRMED.

**

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

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