United States of America v. Henry Armando Lopez-Duvon

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HENRY ARMANDO LOPEZ-DUVON,
Defendant - Appellant.
No. 13-10207
D.C. No. 4:12-cr-50195-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Henry Armando Lopez-Duvon appeals from the district court’s judgment
revoking supervised release and challenges the 24-month sentence imposed upon
revocation. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
MAY 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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Lopez-Duvon contends that the district court procedurally erred by failing to
consider his mitigating arguments and to explain the sentence adequately in light
of the 18 U.S.C. § 3553(a) sentencing factors. We review for plain error, see
United States v. Valencia-Barragan, 608 F.3d 1103, 1108 & n.3 (9th Cir. 2010),
and find none. The record reflects that the district court addressed Lopez-Duvon’s
mitigating arguments and explained adequately the need for the consecutive, 24-
month sentence in light of Lopez-Duvon’s criminal and immigration history and
his failure to be deterred by his prior sentences. Its failure to do more was not
plain error. See id. at 1108.
AFFIRMED.
13-10207 2

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