FILED
NOT FOR PUBLICATION AUG 18 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30323
Plaintiff - Appellee, D.C. No. 2:06-cr-02119-WFN
v.
MEMORANDUM*
ARNULFO RICARDO MARTINEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted August 13, 2014**
Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.
Arnulfo Ricardo Martinez appeals from the district court’s judgment and
challenges the 24-month sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Martinez 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).
explain the sentence adequately in light of the 18 U.S.C. § 3553(a) sentencing
factors and his mitigating arguments. We review for plain error, see United States
v. Valencia–Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The
record reflects that the district court considered Martinez’s mitigating arguments
and the relevant sentencing factors but determined that a low-end, consecutive
sentence was warranted because Martinez violated supervised release by
committing another drug offense. See United States v. Simtob, 485 F.3d 1058,
1062-63 (9th Cir. 2007).
Martinez also contends that the district court imposed a substantively
unreasonable sentence. The district court did not abuse its discretion in imposing
Martinez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence is substantively reasonable in light of the section 3583(e) sentencing
factors and the totality of the circumstances, including Martinez’s breach of the
court’s trust. See U.S.S.G. § 7B1.3(f); Simtob, 485 F.3d at 1063.
AFFIRMED.
2 13-30323