Testo completo
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NOT FOR PUBLICATION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.
EDUARDO AYON,
Defendant - Appellant.
No. 10-50021
D.C. No. 3:06-cr-02162-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted August 23, 2010**
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Eduardo Ayon appeals from the 12-month sentence imposed following the
revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
FILED
SEP 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
-- 1 of 2 --
10-50021 2
Ayon contends that the district court failed to adequately explain its
sentence. The district court’s explanation was sufficient and met the requirements
of 18 U.S.C. § 3553(c)(2). See United States v. Musa, 220 F.3d 1096, 1101 (9th
Cir. 2000).
Ayon also contends that the imposition of supervised release violates
Apprendi v. New Jersey, 530 U.S. 466 (2000). This argument is foreclosed by
United States v. Santana, 526 F.3d 1257, 1262 (9th Cir. 2008).
AFFIRMED.
-- 2 of 2 --
