United States of America v. Gloria Enander Giannini

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NOT FOR PUBLICATION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.
GLORIA ENANDER GIANNINI,
Defendant - Appellant.
No. 10-10474
D.C. No. 4:02-cr-40039-CW
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Claudia A. Wilken, District Judge, Presiding
September 27, 2011**
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Gloria Enander Giannini appeals from the 15-month sentence imposed upon
revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
FILED
OCT 3 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10474 2
Giannini contends that the district court procedurally erred by failing to
consider all of the relevant factors at sentencing, including her age, health, and a
105-month sentence she is serving in a separate criminal case. She further
contends that the district court abused its discretion and imposed a substantively
unreasonable sentence by ordering the sentence to be served consecutive to the
105-month sentence. The record reflects that the district court gave adequate
consideration to the relevant sentencing factors, and that, in light of the totality of
the circumstances, the sentence is substantively reasonable. See United States v.
Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc); see also 18 U.S.C.
§ 3583(e) (identifying factors a district court considers when imposing a sentence
upon revocation of supervised release); U.S.S.G. § 7B1.3(f) (recommending that a
supervised release revocation sentence be imposed consecutive to “any sentence of
imprisonment that the defendant is serving, whether or not the sentence of
imprisonment being served resulted from the conduct that is the basis of the
revocation of probation or supervised release”).
AFFIRMED.

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