FILED
NOT FOR PUBLICATION JUN 07 2011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. 10-50604
Plaintiff - Appellee, D.C. No. 3:09-cr-01185-JLS
v.
MEMORANDUM *
JEREMY JASON BROOKS,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Jeremy Jason Brooks appeals from his sentence of eight months
imprisonment followed by 24 months of supervised release imposed on revocation
of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
*
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).
Brooks contends that the district court procedurally erred by failing to
explain adequately the reasons for the sentence imposed. The record reflects the
district court adequately explained the reasons for the sentence. See United States
v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc); see also Rita v. United
States, 551 U.S. 338, 358-59 (2007).
Brooks also contends that the district court improperly relied on the
unsupported allegation that he drove while under the influence. The court did not
plainly err. See United States v. Hammons, 558 F.3d 1100, 1103 (9th Cir. 2009).
Brooks also contends that his sentence is substantively unreasonable.
However, the sentence was reasonable in light of the relevant factors set forth in 18
U.S.C. § 3553(a). See United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir.
2007); see also 18 U.S.C. § 3583(e).
AFFIRMED.
2 10-50604