USA v. Mario Lopez-Vega, No. 10-10246 (9th Cir. 2011)

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FILED FEB 23 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-10246 D.C. No. 4:09-cr-01150-DCB v. MEMORANDUM * MARIO LOPEZ-VEGA, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Mario Lopez-Vega appeals from the 84-month sentence imposed following his guilty-plea conviction for re-entry after deportation, in violation of 8 U.S.C. § 1326. 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). Mario Lopez-Vega contends that his sentence is substantively unreasonable, given his difficult life and the impact violence, drugs, and alcohol have had on his emotional and mental health. In light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), the district court s sentence is not substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Carty, 520 F.3d 984, 993-94 (9th Cir. 2008) (en banc). AFFIRMED. 2 10-10246

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