United States of America v. Richard Alvarez-Ayala

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NOT FOR PUBLICATION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.
RICHARD ALVAREZ-AYALA,
Defendant - Appellant.
No. 12-50559
D.C. No. 2:12-cr-00706-DMG
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Dolly M. Gee, District Judge, Presiding
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Richard Alvarez-Ayala appeals from the district court’s judgment and
challenges the 12-month and one day sentence imposed upon revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Alvarez-Ayala contends that the district court erred when it imposed a term
FILED
OCT 02 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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of imprisonment for the purpose of rehabilitation. We review for plain error, see
United States v. Grant, 664 F.3d 276, 279 (9th Cir. 2011), and find none. The
record reflects that the district court discussed its hope that Alvarez-Ayala would
deal with his underlying substance abuse problems but did not “‘impose or
lengthen [the custodial] sentence to enable [Alvarez-Ayala] to complete a
treatment program or otherwise promote rehabilitation.’” See id. at 281 (quoting
Tapia v. United States, 131 S. Ct. 2382, 2392 (2011)).
AFFIRMED.

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