NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 18 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-50153 Plaintiff-Appellee, D.C. No. 3:17-cr-07022-BAS v. MEMORANDUM* ARCENIO GARCIA-SOLORIO, a.k.a. Pablo Dominguez, a.k.a. Arcenio Solorio, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Cynthia A. Bashant, District Judge, Presiding Submitted May 15, 2018** Before: SILVERMAN, BEA, and WATFORD, Circuit Judges. Arcenio Garcia-Solorio appeals from the district court’s judgment and challenges the 14-month sentence imposed upon his revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Garcia-Solorio contends that the district court procedurally erred by failing * 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). to provide an adequate explanation for his sentence. Although a fuller explanation is probably called for, reviewing for plain error, see United States v. Valencia- Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), we conclude that Garcia-Solorio has failed to show that any error affected his substantial rights. See United States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008); see also Rita v. United States, 551 U.S. 338, 356 (2007). Garcia-Solorio’s contention that the district court imposed the sentence to punish him more harshly for the underlying offense is unsupported by the record; if the court had wished to impose a harsher sentence for the new immigration offense, it could simply have imposed a higher sentence in that case. Garcia-Solorio also contends that the sentence is substantively unreasonable. The court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The 14-month term is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances, including Garcia-Solorio’s history, characteristics, and the need for adequate deterrence. See Gall, 552 U.S. at 51. AFFIRMED. 2 17-50153 17-50153 Court of Appeals for the Ninth Circuit ca9 9th Cir. United States v. Arcenio Garcia-Solorio 18 May 2018 Criminal Unpublished 1cf0a88d3c631db93b9b60a531452e4a0314f611
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