United States v. Robert Arbaugh , 584 F. App'x 580 ( 2014 )


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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    NOT FOR PUBLICATION                            AUG 19 2014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Precedential Status: Non-Precedential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