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FILED NOT FOR PUBLICATION AUG 19 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-10068 Plaintiff - Appellee, D.C. No. 2:12-cr-00008-PMP v. MEMORANDUM* ROBERT LEE ARBAUGH, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Philip M. Pro, District Judge, Presiding Submitted August 13, 2014** Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges. Robert Lee Arbaugh appeals from the district court’s judgment and challenges the 9-month sentence imposed upon revocation of supervised release. We have jurisdiction under
28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Arbaugh contends that his sentence is substantively unreasonable in light of the “minor” nature of his violations of supervised release. To the contrary, the violations were not minor and the district court did not abuse its discretion in imposing Arbaugh’s sentence. See Gall v. United States,
552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the
18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Arbaugh’s breach of the district court’s trust. See United States v. Simtob,
485 F.3d 1058, 1062-63 (9th Cir. 2007). AFFIRMED. 2 14-10068
Document Info
Docket Number: 14-10068
Citation Numbers: 584 F. App'x 580
Filed Date: 8/19/2014
Precedential Status: Non-Precedential
Modified Date: 1/13/2023