FILED
NOT FOR PUBLICATION MAR 13 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50523
Plaintiff - Appellee, D.C. No. 3:11-cr-04273-IEG
v.
MEMORANDUM*
FERNANDO ZAVALA-JACOBO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Irma E. Gonzalez, District Judge, Presiding
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Fernando Zavala-Jacobo appeals from the district court’s judgment and
challenges the six-month consecutive sentence imposed upon revocation of
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).
Zavala-Jacobo contends that the district court procedurally erred by failing
to explain adequately why it imposed the sentence it did, why it declined to grant a
greater downward variance, and why it was not persuaded by his sentencing
arguments. We review for plain error, see United States v. Miqbel, 444 F.3d 1173,
1176 (9th Cir. 2006), and find none. The district court explained the sentence
sufficiently to permit meaningful appellate review. See United States v. Carty, 520
F.3d 984, 992 (9th Cir. 2008) (en banc).
Zavala-Jacobo also contends that the sentence is substantively unreasonable
because it is punitive, is greater than necessary to accomplish the goals of
sentencing, and does not account for mitigating factors. We review for abuse of
discretion, see Gall v. United States, 552 U.S. 38, 51 (2007), and find none. The
sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing
factors and the totality of the circumstances, including Zavala-Jacobo’s criminal
history and breach of trust. See U.S.S.G. § 7B1.3(f); Miqbel, 444 F.3d at 1181-82.
AFFIRMED.
2 13-50523