United States of America v. Miguel Angel Hernandez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MIGUEL ANGEL HERNANDEZ,
Defendant - Appellant.
No. 12-10660
D.C. No. 2:05-cr-00403-KJM
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Miguel Angel Hernandez appeals from the district court’s judgment and
challenges the sentence of 12 months and one day imposed upon revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Hernandez contends that the district court erred by failing to explain the
FILED
JAN 03 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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sentence and its reasons for rejecting his mitigating arguments. We review for
plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.
2010), and find none. The record reflects that the district court considered all of
Hernandez’s arguments and adequately explained the sentence to permit
meaningful appellate review. See United States v. Carty, 520 F.3d 984, 992-93,
995 (9th Cir. 2008) (en banc). Moreover, the sentence at the bottom of the
Guidelines range is substantively reasonable. See 18 U.S.C. § 3583(e); United
States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007) (upon revocation, a
district court may sanction the defendant for his breach of the court’s trust)
AFFIRMED.
12-10660 2

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