NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 18 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 10-30342
Plaintiff - Appellee, D.C. No. 2:07-cr-00029-DWM
v.
MEMORANDUM *
SILVINO FLOREZ-VALERIO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Silvino Florez-Valerio appeals from the 24-month sentence imposed upon
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).
Florez-Valerio contends the district court procedurally erred by failing to
adequately explain its decision that the sentence run consecutively to his sentence
for the underlying crime that triggered the revocation of supervised release. The
district court did not plainly err where the record reflects the judge considered the
evidence and arguments presented by the parties, and adequately explained the
sentence. See United States v. Carter, 560 F.3d 1107, 1117-19 (9th Cir. 2009).
Florez-Valerio also contends his sentence is substantively unreasonable. In
light of the totality of the circumstances, the within-Guidelines sentence is
substantively reasonable. See United States v. Carty, 520 F.3d 984, 991-93 (9th
Cir. 2008) (en banc).
AFFIRMED.
2 10-30342