FILED
NOT FOR PUBLICATION JUL 29 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 13-10270
13-10271
Plaintiff - Appellee,
D.C. Nos. 2:12-cr-00220-KJD
v. 2:12-cr-00158-KJD
SAMUEL RODRIGUEZ, MEMORANDUM*
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted July 22, 2014**
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
In these consolidated appeals, Samuel Rodriguez appeals from the 74-month
sentence imposed following his guilty-plea conviction for being a deported alien
found unlawfully in the United States, in violation of 8 U.S.C. § 1326; and the
*
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).
eight-month consecutive sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rodriguez contends that his 82-month aggregate sentence is substantively
unreasonable. He argues that the court should have imposed an aggregate sentence
of no more than 70 months. The district court did not abuse its discretion in
imposing Rodriguez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007).
The sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a)
sentencing factors and the totality of the circumstances, including Rodriguez’s
criminal history and seven previous deportations. See id. Moreover, in light of
Rodriguez’s failure to be deterred and breach of the court’s trust, the court did not
abuse its discretion by ordering that his eight-month revocation sentence be served
consecutively to the 74-month sentence. See U.S.S.G. § 7B1.3(f); United States v.
Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007) (at a revocation sentencing, the
district court can sanction a violator for his breach of trust).
AFFIRMED.
2 13-10270 & 13-10271