FILED
NOT FOR PUBLICATION APR 22 2013
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. 12-10378
Plaintiff - Appellee, D.C. No. 2:09-cr-00294-LDG
v.
MEMORANDUM *
VICTOR MANUEL BOJORQUEZ-
ALVAREZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Lloyd D. George, District Judge, Presiding
Submitted April 16, 2013 **
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Victor Manuel Bojorquez-Alvarez appeals from the 12-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).
Bojorquez-Alvarez contends that his sentence is substantively unreasonable
in light of the fact that, at the time of sentencing, he had already served an 18-
month sentence for the immigration offense that triggered his revocation. The
district court did not abuse its discretion in imposing Bojorquez-Alvarez’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The 12-month
sentence is substantively reasonable in light of Bojorquez-Alvarez’s failure to be
deterred and breach of the court’s trust. See 18 U.S.C. § 3583(e); United States v.
Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007).
AFFIRMED.
2 12-10378