United States of America v. Antonio Mauricio Avelar

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).
AH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTONIO MAURICIO AVELAR,
Defendant - Appellant.
No. 09-50193
D.C. No. 3:07-cr-00665-TJW
MEMORANDUM *
Appeal from the United States District Court
for the Southern District of California
Thomas J. Whelan, District Judge, Presiding
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Antonio Mauricio Avelar appeals from the 18-month sentence imposed
following revocation of supervised release. We have jurisdiction pursuant to 18
FILED
JAN 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AH/Research 09-50193
U.S.C. § 1291. We review for plain error, United States v. Hammons, 558 F.3d
1100, 1103 (9th Cir. 2009), and we affirm.
Avelar contends that the district court procedurally erred when it failed to
address applicable section 3553 factors and the reasons for imposing a particular
sentence. The record reflects that the district court adequately explained the
reasons for the sentence, including stating the applicable Sentencing Guidelines
range. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc);
Rita v. United States, 551 U.S. 338, 358-59 (2007).
AFFIRMED.

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