United States Court of Appeals, Ninth CircuitMar 26, 2010
372 Fed. Appx. 712 (9th Cir. 2010)

No. 09-30165.

Submitted March 16, 2010.

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

Filed March 26, 2010.

Kimberly R. Sayers-Fay, Assistant U.S., Stephan Alexander Collins, Esquire, Assistant U.S., Jo Ann Farrington, Office of the U.S. Attorney, Anchorage, AK, for Plaintiff-Appellee.

Hugh William Fleischer, Law Offices of Hugh W. Fleischer, Anchorage, AK, for Defendant-Appellant.

Appeal from the United States District Court for the District of Alaska, James K. Singleton, District Judge, Presiding. D.C. No. 3:03-cr-00171-JKS.

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.


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

Henry A. Paniagua appeals from the 18-month sentence imposed following revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Paniagua contends that his sentence impermissibly increases the sentence imposed for the underlying offense and that it violates the Eighth Amendment's prohibition against cruel and unusual punishment. The district court imposed the bottom-of-the-Guidelines 18-month sentence to run consecutive to the sentence imposed for the drug conspiracy conviction underlying the supervised release violation.

The record reflects that the district court imposed the 18-month sentence for the legitimate purpose of punishing Paniagua for breaching the court's trust by violating the conditions of his supervised release. See United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007). Moreover, Paniagua failed to demonstrate that his consecutive sentence is grossly disproportionate to his violation of mandatory terms of supervised release. See United States v. Meiners, 485 F.3d 1211, 1213 (9th Cir. 2007) (per curiam); see also Lockyer v. Andrade, 538 U.S. 63, 72, 123 S.Ct. 1166, 155 L.Ed.2d 144 (2003).