USA v. Hector Rangel-Lopez, No. 10-50068 (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FILED FEB 23 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-50068 D.C. No. 3:09-cr-02439-BEN v. MEMORANDUM * HECTOR RANGEL-LOPEZ, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Hector Rangel-Lopez appeals from the 57-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. * 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). Accordingly, the Defendant s request for oral argument is denied. § 1291, and we affirm. Rangel-Lopez contends that the district court imposed a substantively unreasonable sentence under United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009). Amezcua-Vasquez is limited to the specific set of facts presented in that case. Id. at 1058. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) factors, the sentence at the bottom of the Guidelines range in this case is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007). Rangel-Lopez also contends that the district court abused its discretion in selecting a sentence within the range dictated by the enhancement under U.S.S.G. § 2L1.2 based on recidivism concerns. The district court properly considered the need for adequate deterrence in assessing whether a sentence within the enhanced Guidelines range was sufficient, but not greater than necessary, to achieve the goals of sentencing. See 18 U.S.C. § 3553(a); Amezcua-Vasquez, 567 F.3d at 1055 (stating that reasonableness of sentence within the enhanced Guidelines range is to be determined in light of the section 3553(a) factors); United States v. OrozcoAcosta, 607 F.3d 1156, 1166-67 (9th Cir. 2010) (affirming a sentence within the enhanced Guidelines range, in light of the district court s findings that the sentence was necessary to protect the public and to deter a subsequent reentry). AFFIRMED. 2 10-50068
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