United States of America v. Carlos Manuel Olivera- Fernandez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CARLOS MANUEL OLIVERA-
FERNANDEZ,
Defendant-Appellant.
No. 20-50147
D.C. No. 3:17-cr-04079-LAB-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted April 20, 2021**
Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges.
Carlos Manuel Olivera-Fernandez appeals from the district court’s judgment
and challenges the 18-month sentence imposed on his revocation of supervised
release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Olivera-Fernandez contends that the district court failed to make an
* 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).
FILED
APR 29 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 20-50147
individualized determination of the sentence when it rejected his pandemic-related
mitigating argument. We need not resolve the parties’ dispute over the applicable
standard of review because there was no error, plain or otherwise.
Although the district court noted that Olivera-Fernandez’s pandemic-related
mitigating argument would apply to other defendants, the court rejected the
argument only after finding that Olivera-Fernandez did not have any health factors
putting him at greater risk of illness from COVID-19. The district court
considered Olivera-Fernandez’s breach of the court’s trust and the applicable 18
U.S.C. § 3553(a) factors, including the need for deterrence. On this record, the
district court complied with its obligation to make an individualized determination
of the proper sentence based on defendant-specific facts. See United States v.
Carty, 520 F.3d 984, 991 (9th Cir. 2008) (en banc).
AFFIRMED.

-- 2 of 2 --