NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 18 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-50153
Plaintiff-Appellee, D.C. No. 3:17-cr-07022-BAS
v.
MEMORANDUM*
ARCENIO GARCIA-SOLORIO, a.k.a.
Pablo Dominguez, a.k.a. Arcenio Solorio,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Cynthia A. Bashant, District Judge, Presiding
Submitted May 15, 2018**
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
Arcenio Garcia-Solorio appeals from the district court’s judgment and
challenges the 14-month sentence imposed upon his revocation of supervised
release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Garcia-Solorio contends that the district court procedurally erred by failing
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
to provide an adequate explanation for his sentence. Although a fuller explanation
is probably called for, reviewing for plain error, see United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), we conclude that Garcia-Solorio
has failed to show that any error affected his substantial rights. See United States
v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008); see also Rita v. United States, 551
U.S. 338, 356 (2007). Garcia-Solorio’s contention that the district court imposed
the sentence to punish him more harshly for the underlying offense is unsupported
by the record; if the court had wished to impose a harsher sentence for the new
immigration offense, it could simply have imposed a higher sentence in that case.
Garcia-Solorio also contends that the sentence is substantively unreasonable.
The court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51
(2007). The 14-month term is substantively reasonable in light of the 18 U.S.C.
§ 3583(e) sentencing factors and the totality of the circumstances, including
Garcia-Solorio’s history, characteristics, and the need for adequate deterrence. See
Gall, 552 U.S. at 51.
AFFIRMED.
2 17-50153