United States of America v. Ramon Agustin Salas- Contreras, a.k.a. Agustin Salas Contreras

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAMON AGUSTIN SALAS-
CONTRERAS, a.k.a. Agustin Salas
Contreras,
Defendant - Appellant.
No. 10-10034
D.C. No. 2:08-cr-00252-JAT
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Ramon Agustin Salas-Contreras appeals from the 18-month sentence
imposed upon revocation of supervised release. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
OCT 28 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10034 2
The record reflects the district court did not procedurally err, and the
sentence imposed is substantively reasonable under the totality of the
circumstances. See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en
banc).
The district court did not abuse its discretion in revoking supervised release
based on a single Grade C violation. Under the plain language of the statute and
the relevant sentencing guidelines, the court had authority to revoke on that basis.
See 18 U.S.C. § 3583(e)(3) (allowing district court to revoke a term of supervised
release and require the defendant to serve in prison all or part of the term of
supervised release authorized by statute if it finds that the defendant violated a
condition of supervised release); U.S.S.G. § 7B1.3(a)(2)(A) (Policy Statement)
(stating that the court may revoke supervised release upon finding a Grade C
violation). Furthermore, under the circumstances, the district court did not abuse
its discretion in imposing a sentence above the Sentencing Commission’s
recommended sentencing range of 7 to 13 months. See United States v. Simtob,
485 F.3d 1058, 1063 (9th Cir. 2007) (where defendant violates supervised release
by committing a similar offense to that for which he was placed on supervised
release, “greater sanctions may be required to deter future criminal activity”).
AFFIRMED.

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