United States v. Jaime Lopez-Hernandez , 438 F. App'x 612 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 20 2011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. 10-30257
Plaintiff - Appellee, D.C. No. 1:10-cr-00073-RFC
v.
MEMORANDUM *
JAIME LOPEZ-HERNANDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief District Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Jaime Lopez-Hernandez appeals from the 24-month sentence imposed
following his guilty-plea conviction for illegal re-entry of deported alien, in
violation of 8 U.S.C. § 1326(a). 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. App. P. 34(a)(2).
Lopez-Hernandez contends that his sentence is substantively unreasonable
because the district court imposed a sentence that was 17 months above the top end
of the Guidelines range. In light of the totality of the circumstances and the 18
U.S.C. § 3553(a) factors, including promoting respect for the law and deterring
future criminal conduct, the sentence is not substantively unreasonable. See Gall v.
United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 10-30257