United States v. William Slattery

FILED NOT FOR PUBLICATION JUL 20 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-50457 Plaintiff - Appellee, D.C. No. 2:04-cr-00950-DDP v. MEMORANDUM * WILLIAM SLATTERY, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Dean D. Pregerson, District Judge, Presiding Submitted July 17, 2012 ** Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges. William Slattery appeals from the 24-month 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). Slattery contends that the district court procedurally erred by failing to explain adequately its reasons for the revocation sentence. The record belies his contention. Slattery next contends that his sentence is substantively unreasonable. In light of Slattery’s breach of trust and failure to be deterred, and the need to protect the public, the sentence is substantively reasonable. See 18 U.S.C. § 3583(e); United States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007) (where defendant violates supervised release by committing same offense for which he was placed on supervised release, breach of trust is more significant and “greater sanctions may be required to deter future criminal activity”). AFFIRMED. 2 11-50457