USA V. HENRY LOPEZ-DUVON, No. 13-10207 (9th Cir. 2014)

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FILED MAY 27 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-10207 D.C. No. 4:12-cr-50195-DCB v. MEMORANDUM* HENRY ARMANDO LOPEZ-DUVON, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. Henry Armando Lopez-Duvon appeals from the district court s judgment revoking supervised release and challenges the 24-month sentence imposed upon revocation. 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). Lopez-Duvon contends that the district court procedurally erred by failing to consider his mitigating arguments and to explain the sentence adequately in light of the 18 U.S.C. § 3553(a) sentencing factors. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 & n.3 (9th Cir. 2010), and find none. The record reflects that the district court addressed Lopez-Duvon s mitigating arguments and explained adequately the need for the consecutive, 24month sentence in light of Lopez-Duvon s criminal and immigration history and his failure to be deterred by his prior sentences. Its failure to do more was not plain error. See id. at 1108. AFFIRMED. 2 13-10207

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