United States of America v. Edward Alan Garcia

12-30058Court of Appeals for the Ninth Circuit16 ott 2012

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NOT FOR PUBLICATION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.
EDWARD ALAN GARCIA,
Defendant - Appellant.
No. 12-30058
D.C. No. 2:03-cr-00125-RSL
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Robert S. Lasnik, District Judge, Presiding
Submitted October 9, 2012**
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Edward Alan Garcia appeals from the 24-month sentence imposed upon
revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
FILED
OCT 16 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30058 2
Garcia contends that the district court procedurally erred because it failed to
explain adequately the sentence imposed. The record belies this contention. The
district court considered the parties’ arguments and the relevant 18 U.S.C.
§ 3553(a) sentencing factors, and sufficiently explained its decision to impose an
above-Guidelines sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.
2008) (en banc).
AFFIRMED.

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