United States of America v. Henry A. Paniagua

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).
AH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HENRY A. PANIAGUA,
Defendant - Appellant.
No. 09-30165
D.C. No. 3:03-cr-00171-JKS
MEMORANDUM *
Appeal from the United States District Court
for the District of Alaska
James K. Singleton, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Henry A. Paniagua appeals from the 18-month sentence imposed following
revocation of his supervised release. We have jurisdiction pursuant to 28 U.S.C. §
1291, and we affirm.
FILED
MAR 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AH/Research 09-30165
Paniagua contends that his sentence impermissibly increases the sentence
imposed for the underlying offense and that it violates the Eighth Amendment’s
prohibition against cruel and unusual punishment. The district court imposed the
bottom-of-the-Guidelines 18-month sentence to run consecutive to the sentence
imposed for the drug conspiracy conviction underlying the supervised release
violation.
The record reflects that the district court imposed the 18-month sentence for
the legitimate purpose of punishing Paniagua for breaching the court’s trust by
violating the conditions of his supervised release. See United States v. Simtob, 485
F.3d 1058, 1062-63 (9th Cir. 2007). Moreover, Paniagua failed to demonstrate that
his consecutive sentence is grossly disproportionate to his violation of mandatory
terms of supervised release. See United States v. Meiners, 485 F.3d 1211, 1213
(9th Cir. 2007) (per curiam); see also Lockyer v. Andrade, 538 U.S. 63, 72 (2003).
AFFIRMED.

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