United States of America v. Richard K. Moniz

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RICHARD K. MONIZ,
Defendant-Appellant.
No. 21-10029
D.C. No. 1:09-cr-00191-JMS-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
J. Michael Seabright, District Judge, Presiding
Submitted July 19, 2021**
Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
Richard K. Moniz appeals from the district court’s judgment and challenges
the 12-month sentence imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Moniz contends that the district court violated the Eighth Amendment’s
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, Moniz’s
motion to expedite submission without oral argument is granted.
FILED
JUL 28 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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prohibition against cruel and unusual punishment by relying in part on his mental
illness in selecting the 12-month sentence. We review de novo whether a sentence
violates the Eighth Amendment. See United States v. Meiners, 485 F.3d 1211,
1212 (9th Cir. 2007). The record does not support Moniz’s claim that the district
court imposed the within-Guidelines sentence due to his mental illness. Rather, the
district court appropriately considered Moniz’s performance on supervised release
and imposed the sentence as a sanction for his significant breach of the court’s
trust. See United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir. 2007).
AFFIRMED.

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