320 F. App'x 602

UNITED STATES of America, Plaintiff-Appellee, v. Fonda K. MURGIA, Defendant-Appellant.

No. 08-10177.

United States Court of Appeals, Ninth Circuit.

Submitted March 18, 2009.*

Filed March 25, 2009.

Sharon Kathleen Sexton, Assistant U.S., U.S. Attorney’s Office, Phoenix, AZ, for Plaintiff-Appellee.

Joy Bertrand, Joy Bertrand, Esq., L.L.C., Scottsdale, AZ, for Defendant-Appellant.

Before: LEAVY, HAWKINS, and TASHIMA, Circuit Judges.

MEMORANDUM **

Fonda K. Murgia appeals from the 21-month sentence imposed following revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Murgia contends that the district court erred by relying upon impermissible factors in fashioning a sentence consecutive to her state sentence. The record, however, demonstrates that the district court did not rely upon impermissible factors. See United States v. Simtob, 485 F.3d 1058, 1062-64 (9th Cir.2007). Murgia also contends that her sentence is unreasonable in light of the factors listed in 18 U.S.C. § 3553(a) and that imposing the sentence to run consecutive to her state court sentence makes her sentence greater than necessary to meet the sentencing goals of § 3553(a). We conclude that the district court did not proeedurally err, and that the sentence is reasonable. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc).

AFFIRMED.

United States v. Murgia
320 F. App'x 602

Case Details

Name
United States v. Murgia
Decision Date
Mar 25, 2009
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320 F. App'x 602

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United States

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