United States of America v. Vinicio Antonio Jimenez-Diaz, a.k.a. Vinicio Jimenez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VINICIO ANTONIO JIMENEZ-DIAZ,
a.k.a. Vinicio Jimenez,
Defendant - Appellant.
No. 14-10153
D.C. No. 4:13-cr-50159-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Marvin E. Aspen, District Judge, Presiding**
Submitted February 17, 2015***
Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.
Vinicio Antonio Jimenez-Diaz appeals from the district court’s judgment and
challenges the six-month sentence imposed upon revocation of supervised release.
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Marvin E. Aspen, Senior United States District Judge
for the Northern District of Illinois, sitting by designation.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
FEB 24 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-10153
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Jimenez-Diaz contends that the district court procedurally erred by failing to
give adequate consideration to his request that the sentence imposed upon
revocation of supervised release run concurrently to the sentence imposed for
Jimenez-Diaz’s new criminal conviction. We review for plain error, see United
States v. Miqbel, 444 F.3d 1173, 1176 (9th Cir. 2006), and find none. The record
reflects that the court considered Jimenez-Diaz’s argument and sufficiently
explained the sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.
2008) (en banc).
AFFIRMED.

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