United States v. Marcos De Jesus-Zeferino
UNITED STATES of America, Plaintiff-Appellee, v. Marcos De JESUS-ZEFERINO, Defendant-Appellant
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- William Q. Hayes (district judge)
- Outcome
- affirmed — AFFIRMED.
- Area
- criminal
- Panel
- Stephen S. Trott (author), Consuelo M. Callahan, Atsushi W. Tashima
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 24 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-50253 Plaintiff-Appellee, D.C. No. 3:16-cr-07064-WQH v. MEMORANDUM* MARCOS DE JESUS-ZEFERINO, Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Submitted January 18, 2017** Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Marcos De Jesus-Zeferino appeals from the district court’s judgment and challenges the nine-month consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
De Jesus-Zeferino claims 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 address his arguments for a low-end sentence. We disagree. The record reflects that the court considered De Jesus-Zeferino’s arguments and sufficiently explained its reasons for concluding that a mid-range sentence was warranted. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
De Jesus-Zeferino’s unopposed motion to take judicial notice of the presentence report is granted.
AFFIRMED.
2 16-50253