United States v. Henry Lopez-Duvon

FILED NOT FOR PUBLICATION MAY 27 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-10207 Plaintiff - Appellee, D.C. No. 4:12-cr-50195-DCB v. MEMORANDUM* HENRY ARMANDO LOPEZ-DUVON, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. Henry Armando Lopez-Duvon appeals from the district court’s judgment revoking supervised release and challenges the 24-month sentence imposed upon revocation. 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). Lopez-Duvon contends that the district court procedurally erred by failing to consider his mitigating arguments and to explain the sentence adequately in light of the 18 U.S.C. § 3553(a) sentencing factors. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 & n.3 (9th Cir. 2010), and find none. The record reflects that the district court addressed Lopez-Duvon’s mitigating arguments and explained adequately the need for the consecutive, 24- month sentence in light of Lopez-Duvon’s criminal and immigration history and his failure to be deterred by his prior sentences. Its failure to do more was not plain error. See id. at 1108. AFFIRMED. 2 13-10207