FILED
NOT FOR PUBLICATION MAR 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10263
Plaintiff - Appellee, D.C. No. 2:06-cr-00414-EHC
v.
MEMORANDUM *
WILLIAM JUNIOR MONTANO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Earl H. Carroll, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
William Junior Montano appeals from the 12-month sentence imposed upon
revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
Montano contends that the district court procedurally erred by failing to
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
discuss the relevant factors set forth in 18 U.S.C. § 3553(a) or adequately explain
its reasons for the high-end Guidelines sentence, and that this constitutes reversible
error under United States v. Hammons, 558 F.3d 1100 (9th Cir. 2009). The record
reflects that the district court appropriately considered section 3553(a) factors and
did not procedurally err, and that the 12-month sentence is substantively
reasonable under the totality of circumstances particularly in light of Montano’s
continued difficulty with abiding by the conditions of his supervised release as
evidenced by the previous revocation and the fact that his last violation occurred
only 3 weeks after he began his latest term of supervised release . See United
States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
AFFIRMED.
2 10-10263