United States v. Omar Key-Ayala

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 17 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-10100

Plaintiff-Appellee, D.C. No. 4:11-cr-01439-DCB- LCK-1 v.

OMAR KEY-AYALA, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding

Submitted November 9, 2020** Before: THOMAS, Chief Judge, TASHIMA and W. FLETCHER, Circuit Judges.

Omar Key-Ayala appeals from the district court’s judgment and challenges the 15-month sentence imposed upon his second revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Key-Ayala contends that the district court procedurally erred by failing to

* 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).

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 the above-Guidelines sentence, including Key-Ayala’s poor performance on supervision despite receiving a lenient sentence for his underlying offense. See United States v. Leonard, 483 F.3d 635, 637 (9th Cir. 2007). Moreover, contrary to Key-Ayala’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).

Key-Ayala contends that these alleged procedural errors also render his sentence substantively unreasonable. The district court did not abuse its discretion by imposing an above-Guidelines sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the § 3583(e) sentencing factors and the totality of the circumstances, including Key-Ayala’s repeated violations of the court’s trust. See Gall, 552 U.S. at 51; Simtob, 485 F.3d at 1062 (primary purpose of revocation sentence is to sanction defendant’s breach of the court’s trust).

AFFIRMED.

Footnotes

[2] 20-10100