USA v. Eduardo Ayon, No. 10-50021 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 02 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-50021 D.C. No. 3:06-cr-02162-BEN v. MEMORANDUM * EDUARDO AYON, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Submitted August 23, 2010 ** Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges. Eduardo Ayon appeals from the 12-month sentence imposed following the revocation of his 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). Ayon contends that the district court failed to adequately explain its sentence. The district court s explanation was sufficient and met the requirements of 18 U.S.C. § 3553(c)(2). See United States v. Musa, 220 F.3d 1096, 1101 (9th Cir. 2000). Ayon also contends that the imposition of supervised release violates Apprendi v. New Jersey, 530 U.S. 466 (2000). This argument is foreclosed by United States v. Santana, 526 F.3d 1257, 1262 (9th Cir. 2008). AFFIRMED. 2 10-50021

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