FILED
NOT FOR PUBLICATION NOV 19 2012
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. 12-10197
Plaintiff - Appellee, D.C. No. 2:11-cr-00081-KJD
v.
MEMORANDUM *
CHARLES MOORE,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Charles Moore appeals from the 21-month sentence imposed following the
revocation of his 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).
Moore contends that the district court erred by basing its sentencing decision
on the seriousness of his underlying offense. The record shows that the district
court took proper account of the seriousness of Moore’s conduct and did not
impose sentence primarily on this basis. See United States v. Simtob, 485 F.3d
1058, 1062-63 (9th Cir. 2007). Moreover, in light of the totality of the
circumstances and the 18 U.S.C. § 3583(e) sentencing factors, the sentence is
substantively reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.
2008) (en banc).
AFFIRMED.
2 12-10197