United States of America v. Charles Moore

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NOT FOR PUBLICATION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.
CHARLES MOORE,
Defendant - Appellant.
No. 12-10197
D.C. No. 2:11-cr-00081-KJD
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted November 13, 2012**
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Charles Moore appeals from the 21-month sentence imposed following the
revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
FILED
NOV 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10197 2
Moore contends that the district court erred by basing its sentencing decision
on the seriousness of his underlying offense. The record shows that the district
court took proper account of the seriousness of Moore’s conduct and did not
impose sentence primarily on this basis. See United States v. Simtob, 485 F.3d
1058, 1062-63 (9th Cir. 2007). Moreover, in light of the totality of the
circumstances and the 18 U.S.C. § 3583(e) sentencing factors, the sentence is
substantively reasonable. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.
2008) (en banc).
AFFIRMED.

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