United States v. Arcenio Garcia-Solorio

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 18 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-50153 Plaintiff-Appellee, D.C. No. 3:17-cr-07022-BAS v. MEMORANDUM* ARCENIO GARCIA-SOLORIO, a.k.a. Pablo Dominguez, a.k.a. Arcenio Solorio, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Cynthia A. Bashant, District Judge, Presiding Submitted May 15, 2018** Before: SILVERMAN, BEA, and WATFORD, Circuit Judges. Arcenio Garcia-Solorio appeals from the district court’s judgment and challenges the 14-month sentence imposed upon his revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Garcia-Solorio contends 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 provide an adequate explanation for his sentence. Although a fuller explanation is probably called for, reviewing for plain error, see United States v. Valencia- Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), we conclude that Garcia-Solorio has failed to show that any error affected his substantial rights. See United States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008); see also Rita v. United States, 551 U.S. 338, 356 (2007). Garcia-Solorio’s contention that the district court imposed the sentence to punish him more harshly for the underlying offense is unsupported by the record; if the court had wished to impose a harsher sentence for the new immigration offense, it could simply have imposed a higher sentence in that case. Garcia-Solorio also contends that the sentence is substantively unreasonable. The court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The 14-month term is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Garcia-Solorio’s history, characteristics, and the need for adequate deterrence. See Gall, 552 U.S. at 51. AFFIRMED. 2 17-50153 17-50153 Court of Appeals for the Ninth Circuit ca9 9th Cir. United States v. Arcenio Garcia-Solorio 18 May 2018 Criminal Unpublished 1cf0a88d3c631db93b9b60a531452e4a0314f611

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