UNITED STATES of America, Plaintiff-Appellee, v. Misael MANJARREZ-FELIX, Defendant-Appellant, 540 F. App'x 763

MEMORANDUM Misael Manjarrez-Felix appeals from the district court’s judgment and challenges the four-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Manjarrez-Felix contends that the district court erred by ordering his revocation sentence to run consecutively to his sentence for illegal reentry. He argues that U.S.S.G. § 5Dl.l(

c) creates a presumption that the court impose a concurrent sentence when a deportable alien is sentenced for violating supervised release. We disagree.

Section 5D 1.1(

c) concerns the imposition of a term of supervised release, not the sentence to be imposed upon revocation. See U.S.S.G. § 5D 1.1(c) (2011). Contrary to Manjarrez-Felix’s argument, the Guidelines recommend that the court impose a consecutive sentence for a supervised release violation. See U.S.S.G. § 7B1.3(f). Manjarrez-Felix next contends that his sentence is substantively unreasonable because it creates unwarranted sentencing disparities. Contrary to his claim, Man-jarrez-Felix is not similarly situated to defendants who are not serving terms of supervised release.

The district court did not abuse its discretion in imposing Man-jarrez-Felix’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). In light of the totality of the circumstances and the 18 U.S.C. § 3583(

e) sentencing factors, the consecutive sentence is substantively reasonable. See id. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.