United States of America v. Mario Rhodes

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARIO RHODES,
Defendant - Appellant.
No. 13-10669
D.C. No. 2:06-cr-00097-KJD
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted December 5, 2014**
Before: HAWKINS, McKEOWN, and FRIEDLAND, Circuit Judges.
Mario Rhodes appeals from the district court’s judgment and challenges the
22-month sentence imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rhodes contends that his above-Guidelines sentence is substantively
* 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).
FILED
DEC 12 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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unreasonable in light of the allegedly minor nature of his violations. The district
court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007).
The sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e)
sentencing factors and the totality of the circumstances, including Rhodes’s multiple
violations of supervised release and the court’s determination that Rhodes failed to
take responsibility for his breach of the court’s trust. See id.
AFFIRMED.

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