United States v. Edward Garcia

FILED NOT FOR PUBLICATION OCT 16 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-30058 Plaintiff - Appellee, D.C. No. 2:03-cr-00125-RSL v. MEMORANDUM * EDWARD ALAN GARCIA, Defendant - Appellant. Appeal from the United States District Court for the Western District of Washington Robert S. Lasnik, District Judge, Presiding Submitted October 9, 2012 ** Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges. Edward Alan Garcia 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). Garcia contends that the district court procedurally erred because it failed to explain adequately the sentence imposed. The record belies this contention. The district court considered the parties’ arguments and the relevant 18 U.S.C. § 3553(a) sentencing factors, and sufficiently explained its decision to impose an above-Guidelines sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc). AFFIRMED. 2 12-30058