United States of America v. James De Dios Martinez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES DE DIOS MARTINEZ,
Defendant - Appellant.
No. 15-50265
D.C. No. 3:11-cr-04295-JAH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
James De Dios Martinez appeals from the district court’s judgment and
challenges the 12-month sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
MAR 02 2016
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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Martinez contends that the district court procedurally erred by improperly
relying on the need to punish and the need to promote respect for the law when
fashioning his sentence. We disagree. The record reflects that the district court
was primarily concerned with Martinez’s poor history on supervision and breach of
the court’s trust, and did not base the sentence on any improper factors. See United
States v. Simtob, 485 F.3d 1058, 1063 (9th Cir. 2007). Moreover, the 12-month
sentence, two months above the high end of the advisory Guidelines range, is
substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and
the totality of the circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
15-50265 2

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