United States v. Jose Rivera-Lopez , 468 F. App'x 772 ( 2012 )

FILED
NOT FOR PUBLICATION FEB 22 2012
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. 11-10348
Plaintiff - Appellee, D.C. No. 2:10-cr-00368-RLH
v.
MEMORANDUM *
JOSE RIVERA-LOPEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Roger L. Hunt, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Jose Rivera-Lopez appeals from the 70-month sentence imposed following
his guilty-plea conviction for being a deported alien found unlawfully in the United
States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28
*
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).
U.S.C. § 1291, and we affirm.
Rivera-Lopez contends that his sentence is substantively unreasonable under
United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), because the
sentence does not adequately account for the age of his prior conviction, the nature
of the conduct underlying that conviction, or the nature of his subsequent criminal
history. In light of the totality of the circumstances and the factors set forth in 18
U.S.C. § 3553(a), the sentence is substantively reasonable. See Gall v. United
States, 552 U.S. 38, 51 (2007); see also United States v. Valencia-Barragan, 608
F.3d 1103, 1109 (9th Cir. 2010) (emphasizing the limited scope of the holding in
Amezcua-Vasquez).
AFFIRMED.
2 11-10348