NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50253
Plaintiff-Appellee, D.C. No. 3:16-cr-07064-WQH
v.
MEMORANDUM*
MARCOS DE JESUS-ZEFERINO,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Marcos De Jesus-Zeferino appeals from the district court’s judgment and
challenges the nine-month consecutive sentence imposed upon revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
De Jesus-Zeferino claims that the district court procedurally erred by failing
*
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).
to address his arguments for a low-end sentence. We disagree. The record reflects
that the court considered De Jesus-Zeferino’s arguments and sufficiently explained
its reasons for concluding that a mid-range sentence was warranted. See United
States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
De Jesus-Zeferino’s unopposed motion to take judicial notice of the
presentence report is granted.
AFFIRMED.
2 16-50253