United States v. Edward Lopez, Jr. , 455 F. App'x 787 ( 2011 )

FILED
NOT FOR PUBLICATION OCT 27 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-50033
Plaintiff - Appellee, D.C. No. 3:90-cr-01089-IEG
v.
MEMORANDUM *
EDWARD LOPEZ, Jr.,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Irma E. Gonzalez, Chief Judge, Presiding
Submitted October 25, 2011 **
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Edward Lopez, Jr., appeals from the 12-month sentence imposed upon
revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. Appellant. P. 34(a)(2).
Lopez contends that the district court procedurally erred by failing to
expressly calculate the Guidelines range. Lopez has not shown that the district
court’s failure to expressly calculate the Guidelines range affected his substantial
rights, particularly where the Violation Sentencing Summary correctly calculated
the Guidelines range. See United States v. Dallman, 533 F.3d 755, 761 (9th Cir.
2008).
AFFIRMED.
2 11-50033