United States of America v. Eligio Chavez-Montes

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).
EF/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ELIGIO CHAVEZ-MONTES,
Defendant - Appellant.
No. 09-10118
D.C. No. 1:01-CR-00492-HG
MEMORANDUM *
Appeal from the United States District Court
for the District of Hawaii
Helen Gillmor, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Eligio Chavez-Montes appeals from the 18-month sentence imposed
following revocation of his supervised release. We have jurisdiction pursuant to
FILED
MAR 08 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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EF/Research 09-10118 2
28 U.S.C. § 1291, and we affirm.
Chavez-Montes contends that his sentence is unreasonable because the
district court failed to consider the 18 U.S.C. § 3553(a) factors and make an
individualized assessment based on the facts of his case. The record indicates that
the district court did not procedurally err, and that Chavez-Montes’ sentence is
substantively reasonable. See United States v. Carty, 520 F.3d 984, 991-93 (9th
Cir. 2008) (en banc); see also United States v. Simtob, 485 F.3d 1058, 1062-63 (9th
Cir. 2007).
AFFIRMED.

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