United States v. Richard Benavente , 699 F. App'x 678 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 23 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10092
Plaintiff-Appellee, D.C. No.
1:13-cr-00008-RVM-1
v.
RICHARD SULLIVAN BENAVENTE, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of the Northern Mariana Islands
Ramona V. Manglona, Chief Judge, Presiding
Submitted October 12, 2017**
U. of Hawaii Manoa
Before: SCHROEDER, D.W. NELSON, and McKEOWN, Circuit Judges.
Richard S. Benavente appeals the substantive reasonableness of his prison
sentence for Sexual Exploitation of Children in violation of 18 U.S.C. § 2251(a)
and (e), and the application of a two-level sentencing enhancement for obstruction
of justice under U.S.S.G. § 3C1.1. We have jurisdiction under 28 U.S.C. § 1291.
*
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).
We affirm.
The district court did not abuse its discretion in imposing a two-level
sentencing enhancement. See United States v. Gasca-Ruiz, 852 F.3d 1167, 1169-
70 (9th Cir. 2017) (en banc). The court concluded that Benavente obstructed
justice by making false statements to the government and violating his plea
agreement by testifying falsely at the trial of Raymond Roberto. “[V]iolation of a
plea bargain warrants a sentence enhancement for obstruction of justice.” United
States v. Acuna, 9 F.3d 1442, 1446 (9th Cir. 1993).
Nor was Benavente’s sentence substantively unreasonable. Benavente’s
360-month sentence was within the guidelines range of 292 to 365 months.
Within-guidelines sentences are presumed reasonable. Rita v. United States, 551
U.S. 338, 341 (2007). The court sentenced Benavente to the statutory maximum
after explaining that Benavente had enticed or coerced at least two minor girls into
sexual activity repeatedly in exchange for drugs, and had violated his plea
agreement.
AFFIRMED.
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