USA V. RAMIRO LOPEZ-AQUIRRE, No. 15-50219 (9th Cir. 2016)

Annotate this Case

Download PDF

FILED AUG 01 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 15-50219 D.C. No. 3:14-cr-07131-GT v. MEMORANDUM* RAMIRO LOPEZ-AQUIRRE, a.k.a. Hector Lopez, a.k.a. Ramiro Lopez, a.k.a. Ramiro Lopez-Aguirre, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Gordon Thompson, Jr., District Judge, Presiding Submitted July 26, 2016** Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges. Ramiro Lopez-Aquirre appeals from the district court’s judgment and challenges the 24-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. App. P. 34(a)(2). Lopez-Aquirre contends that the district court procedurally erred by failing to respond to his mitigating arguments. We review for harmless error, see United States v. Munoz-Camarena, 631 F.3d 1028, 1030 & n.5 (9th Cir. 2011), and find none. The record reflects that the district court listened to Lopez-Aquirre’s mitigating arguments. Moreover, the district court’s reasons for imposing the sentence are apparent from the record. See United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc) (“[A]dequate explanation in some cases may also be inferred from the PSR or the record as a whole.”). Nothing more was required. See Rita v. United States, 551 U.S. 338, 358-59 (2007). AFFIRMED. 2 15-50219

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.