NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 13 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 18-10419
Plaintiff-Appellee, D.C. No. 1:03-cr-00516-HG-1
v.
MEMORANDUM*
ANDY K. TAKATA,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Hawaii
Helen W. Gillmor, District Judge, Presiding
Submitted June 11, 2019**
Before: CANBY, GRABER, and MURGUIA, Circuit Judges.
Andy K. Takata appeals from the district court’s judgment and challenges
the 18-month sentence imposed upon his third revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Takata contends that the district court erred by failing to explain the
*
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).
sentence adequately. We review for plain error, see United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there is none.
The record reflects that the district court sufficiently explained its reasons for
imposing the above-Guidelines sentence, including Takata’s repeated violations
and his unsuitability for supervised release. See United States v. Carty, 520 F.3d
984, 992 (9th Cir. 2008) (en banc). Moreover, contrary to Takata’s contention, the
record reflects that the district court relied on only proper sentencing factors. See
18 U.S.C. § 3583(e); United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007)
(the seriousness of underlying offense “may be considered to a lesser degree as
part of the criminal history of the violator”).
Takata also contends that the sentence is substantively unreasonable. The
district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38,
51 (2007). The sentence is substantively reasonable in light of the 18
U.S.C. § 3583(e) sentencing factors and the totality of the circumstances. See
Gall, 552 U.S. at 51.
Takata’s motion to take judicial notice of state court records is granted.
AFFIRMED.
2 18-10419