FILED
NOT FOR PUBLICATION NOV 07 2012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. 11-50239
Plaintiff - Appellee, D.C. No. 2:10-cr-00994-DSF-1
v.
MEMORANDUM *
TYRONE GLOVER,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted November 5, 2012 **
Pasadena, California
Before: GRABER, IKUTA, and WATFORD, Circuit Judges.
Defendant Tyrone Glover appeals (1) the district court’s finding that he
violated the terms of his supervised release and (2) the resulting sentence of 60
months’ imprisonment. 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. Fed. R. App. P. 34(a)(2).
1. Sufficient evidence, which included evidence that Defendant had pleaded
nolo contendere to felony charges in California court, supported the district court’s
finding that the government proved both allegations. United States v. Verduzco,
330 F.3d 1182, 1185–86 (9th Cir. 2003).
2. The district court neither abused its discretion nor imposed an
unreasonable sentence when it imposed a within-Guidelines sentence. See
generally United States v. Carty, 520 F.3d 984, 991–93 (9th Cir. 2008) (en banc).
The district court properly considered the factors listed in 18 U.S.C. § 3583(e) and
did not rely on an impermissible factor as a primary basis for its sentence. United
States v. Miqbel, 444 F.3d 1173, 1181–83 (9th Cir. 2006).
AFFIRMED.
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