United States of America v. Erik Nambo-Milan

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ERIK NAMBO-MILAN,
Defendant - Appellant.
No. 13-50557
D.C. No. 3:10-cr-01136-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Erik Nambo-Milan appeals from the district court’s judgment and challenges
the 18-month sentence and 18-month term of supervised release imposed upon
revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
FILED
JUN 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Nambo-Milan contends that the district court erred by relying on improper
factors in making its sentencing decision. We review for plain error, see United
States v. Hammons, 558 F.3d 1100, 1103 (9th Cir. 2009), and find none. The
record reflects that the district court properly considered the sentencing factors
specified in 18 U.S.C. § 3583 and did not impose the sentence on the basis of any
improper factor. See United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir.
2007); see also U.S.S.G. § 5D1.1 cmt. n.5 (court should consider imposing term of
supervised release on a deportable alien if the court determines that doing so would
provide an added measure of deterrence).
Nambo-Milan also contends that the district court imposed a substantively
unreasonable sentence. The district court did not abuse its discretion in imposing
Nambo-Milan’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence, including the supervised release term, is substantively reasonable in light
of the section 3583 sentencing factors and the totality of the circumstances,
including Nambo-Milan’s breach of trust, his immigration history, and the need to
deter. See Simtob, 485 F.3d at 1062-63; United States v. Valdavinos-Torres, 704
F.3d 679, 692-93 (9th Cir. 2012).
The government’s motion for judicial notice is granted.
AFFIRMED.
13-50557 2

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