USA V. REYNALDO LOPEZ-PACHECO, No. 12-50562 (9th Cir. 2013)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 30 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-50562 D.C. No. 2:07-cr-00726-PA v. MEMORANDUM* REYNALDO LOPEZ-PACHECO, a.k.a. Filo Antonio, a.k.a. Reynaldo Lopez Antonio, a.k.a. Reynaldo Antonio Lopez, a.k.a. Pedro Antonio Silva, a.k.a. Jose Silvia, a.k.a. Pedro Torres, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding Submitted December 17, 2013** Before: GOODWIN, WALLACE, and GRABER, Circuit Judges. Reynaldo Lopez-Pacheco appeals from the district court s judgment and challenges the 24-month sentence imposed upon revocation of supervised release. * 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). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Lopez-Pacheco contends that the district court procedurally erred by failing to consider the 18 U.S.C. § 3553(a) sentencing factors, and by failing to explain the sentence. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. Lopez-Pacheco has not shown a reasonable probability that he would have received a different sentence had the court recited the section 3553(a) factors or provided a more thorough explanation. See United States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008). Lopez-Pacheco also contends that his sentence is substantively unreasonable because the district court gave too much weight to his breach of the court s trust and because the sentence is too long to serve sentencing goals. The district court did not abuse its discretion in imposing Lopez-Pacheco s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the section 3553(a) factors and the totality of the circumstances, including Lopez-Pacheco s criminal history and repeated reentries. See id. AFFIRMED. 2 12-50562
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