FILED
NOT FOR PUBLICATION JAN 26 2010
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. 09-50193
Plaintiff - Appellee, D.C. No. 3:07-cr-00665-TJW
v.
MEMORANDUM *
ANTONIO MAURICIO AVELAR,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Thomas J. Whelan, District Judge, Presiding
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Antonio Mauricio Avelar appeals from the 18-month sentence imposed
following revocation of supervised release. We have jurisdiction pursuant to 18
*
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).
AH/Research
U.S.C. § 1291. We review for plain error, United States v. Hammons, 558 F.3d
1100, 1103 (9th Cir. 2009), and we affirm.
Avelar contends that the district court procedurally erred when it failed to
address applicable section 3553 factors and the reasons for imposing a particular
sentence. The record reflects that the district court adequately explained the
reasons for the sentence, including stating the applicable Sentencing Guidelines
range. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc);
Rita v. United States, 551 U.S. 338, 358-59 (2007).
AFFIRMED.
AH/Research 09-50193