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United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Jose MARTINEZ, Jr., Defendant-Appellant.

No. 20-30087

Decided: September 16, 2020

Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges. Thomas John Hanlon, Assistant U.S. Attorney, DOJ-USAO, Yakima, WA, for Plaintiff - Appellee Paul E. Shelton, Jr., Esquire, FDWAID - Federal Defenders of Eastern Washington & Idaho, Yakima, WA, for Defendant - Appellant


Jose Martinez, Jr., appeals from the district court's judgment revoking his supervised release and imposing a sentence of 12 months and one day in prison, to be followed by a 12-month term of supervised release. Martinez challenges only the 12-month term of supervision. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Martinez contends that the supervised release term is substantively unreasonable because he is not amenable to supervision. 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 record reflects that the district court imposed the term of supervision to afford adequate deterrence to Martinez's criminal conduct and to protect the public from further crimes in light of Martinez's multiple supervised release violations and continued non-compliance. The sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of the circumstances. See Gall, 552 U.S. at 51, 128 S.Ct. 586; United States v. Hurt, 345 F.3d 1033, 1036 (9th Cir. 2003) (“A violation of the conditions of supervised release does not obviate the need for further supervision, but rather confirms the judgment that supervision was necessary.”).


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