United States v. Jaime Vega

U.S. Court of Appeals for the Ninth Circuit

United States v. Jaime Vega

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 16 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 18-10495

Plaintiff-Appellee, D.C. No. 1:11-cr-00318-DAD

BAM-1 v. JAIME VEGA, AKA Jimmy Johnson, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of California

Dale A. Drozd, District Judge, Presiding

Submitted December 11, 2019** Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.

Jaime Vega appeals from the district court’s judgment and challenges the 18-month sentence imposed upon revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Vega argues that the district court erred by failing to provide specific

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). reasons for his above-Guidelines sentence. Because Vega did not raise this objection in the district court, we review for plain error. See United States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir. 2006). The record demonstrates that the district court imposed the sentence after considering Vega’s history and characteristics, particularly Vega’s very poor history on supervision. See 18 U.S.C. § 3583(e). The district court adequately explained its reasons for imposing the above-Guidelines sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).

Vega next contends that the sentence is substantively unreasonable. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The 18-month sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Vega’s history on supervision. See Gall, 552 U.S. at 51.

AFFIRMED.

2 18-10495

Reference

Status
Unpublished