UNITED STATES of America, Plaintiff-Appellee, v. Donovan Quentin DELORES, Defendant-Appellant.
Decided: December 18, 2019
Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.
Shelley Kay-Glenn Clemens, Esquire, USTU-Office of the US Attorney, Tucson, AZ, for Plaintiff-Appellee. Philip Kimble, Law Office of P. Kimble, Tucson, AZ, for Defendant-Appellant.
Donovan Quentin Delores appeals from the district court's judgment and challenges the 12-month sentence imposed upon his third revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Delores contends that the district court procedurally erred by failing to explain the sentence adequately. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there is none. The record reflects that the district court sufficiently explained its reasons for adopting probation's recommendation to impose the above-Guidelines sentence, including Delores's history of noncompliance and his unsuitability for supervised release. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc). Moreover, contrary to Delores's contention, the record reflects that the district court relied on only proper sentencing factors. See 18 U.S.C. § 3583(e); United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007).
Delores also contends that the sentence is substantively unreasonable because his violation was merely “technical.” The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The sentence is substantively reasonable in light of the section 3583(e) sentencing factors and the totality of the circumstances, including Delores's repeated violations of the court's trust. See Gall, 552 U.S. at 51, 128 S.Ct. 586; Simtob, 485 F.3d at 1063.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.