From Casetext: Smarter Legal Research

U.S. v. Casas-Herrera

United States Court of Appeals, Ninth Circuit.Page 213
Nov 22, 2010
404 F. App'x 212 (9th Cir. 2010)

Opinion

No. 10-50107.

Submitted November 16, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 22, 2010.

Christopher Seth Askins, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Timothy Robert Garrison, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California, William Q. Hayes, District Judge, Presiding. D.C. No. 3:06-cr-00810-WQH.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

David Casas-Herrera appeals from the 10-month sentence imposed following revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Casas-Herrera contends that the sentence is unreasonable because the district court procedurally erred in failing to adequately address his mitigating arguments and explain the reasons for imposing a 10-month sentence. The record reflects that the district court did not procedurally err. See Rita v. United States, 551 U.S. 338, 358-59, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007). The record also reflects that, under the totality of the circumstances, Casas-Herrera's sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51-52, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).

AFFIRMED.


Summaries of

U.S. v. Casas-Herrera

United States Court of Appeals, Ninth Circuit.Page 213
Nov 22, 2010
404 F. App'x 212 (9th Cir. 2010)
Case details for

U.S. v. Casas-Herrera

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. David CASAS-HERRERA…

Court:United States Court of Appeals, Ninth Circuit.Page 213

Date published: Nov 22, 2010

Citations

404 F. App'x 212 (9th Cir. 2010)