United States of America v. Jesus Manuel Zuniga

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS MANUEL ZUNIGA,
Defendant - Appellant.
No. 13-30095
D.C. No. 1:10-cr-00033-BLW
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Jesus Manuel Zuniga appeals from the district court’s judgment and
challenges the 24-month statutory maximum sentence imposed upon revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Zuniga contends that the district court procedurally erred by confusing the
FILED
JAN 03 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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24-month statutory maximum with the top of the Guidelines range when it
imposed the sentence. We review for plain error, see United States v. Valencia-
Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects
that the district court was aware of the applicable Guidelines range and simply
misspoke when it stated that 24 months was at the top of the Guidelines range.
Furthermore, any error did not affect Zuniga’s substantial rights. See United States
v. Olano, 507 U.S. 725, 734-35 (1993).
We decline to consider Zuniga’s argument that the district court failed to
explain the sentence, because he raised it for the first time in the reply brief. See
United States v. Mejia-Pimental, 477 F.3d 1100, 1105 n.9 (9th Cir. 2007).
AFFIRMED.
13-30095 2

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