United States of America v. Jesus Castaneda-Ceja

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS CASTANEDA-CEJA,
Defendant - Appellant.
No. 15-10370
D.C. No. 3:04-cr-00149-LRH
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Larry R. Hicks, District Judge, Presiding
Submitted May 24, 2016**
Before: REINHARDT, W. FLETCHER, and OWENS, Circuit Judges.
Jesus Castaneda-Ceja appeals from the district court’s judgment and
challenges the 18-month sentence imposed upon revocation of supervised release.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
MAY 31 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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Castaneda-Ceja contends that his sentence is substantively unreasonable in
light of his age, the nonviolent nature of his violation, and the fact that he was
already punished for the conduct underlying the revocation. The district court did
not abuse its discretion in imposing Castaneda-Ceja’s sentence. See Gall v. United
States, 552 U.S. 38, 51 (2007). The 18-month sentence is substantively reasonable
in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the
circumstances, including Castaneda-Ceja’s criminal and immigration history and
his breach of the court’s trust. See Gall, 552 U.S. at 51; United States v. Simtob,
485 F.3d 1058, 1063 (9th Cir. 2007) (breaching the court’s trust by violating
supervised release is a “separately and distinctly offensive” act warranting a
sentence consecutive to that imposed for new criminal conduct).
AFFIRMED.
15-10370 2

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