USA V. MARCOS DE JESUS-ZEFERINO, No. 16-50253 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JAN 24 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. U.S. COURT OF APPEALS No. 16-50253 D.C. No. 3:16-cr-07064-WQH 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

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