United States of America v. Marcos De Jesus-Zeferino

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MARCOS DE JESUS-ZEFERINO,
Defendant-Appellant.
No. 16-50253
D.C. No. 3:16-cr-07064-WQH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Marcos De Jesus-Zeferino appeals from the district court’s judgment and
challenges the nine-month consecutive sentence imposed upon revocation of
supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
De Jesus-Zeferino claims that the district court procedurally erred by failing
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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to address his arguments for a low-end sentence. We disagree. The record reflects
that the court considered De Jesus-Zeferino’s arguments and sufficiently explained
its reasons for concluding that a mid-range sentence was warranted. See United
States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc).
De Jesus-Zeferino’s unopposed motion to take judicial notice of the
presentence report is granted.
AFFIRMED.

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