USA V. ADOLFO LOPEZ, No. 14-10465 (9th Cir. 2015)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 25 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-10465 D.C. No. 2:14-cr-00101-JAM v. MEMORANDUM* ADOLFO SALVADOR LOPEZ, a.k.a. Adolfo Lopez, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding Submitted September 21, 2015** Before: REINHARDT, LEAVY, and BERZON, Circuit Judges. Adolfo Salvador Lopez appeals from the district court’s judgment and challenges the 30-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. * 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 contends that the district court abused its discretion by failing to depart or vary downward to account for his alleged cultural assimilation. We review this claim as part of our review of the substantive reasonableness of the sentence. See United States v. Vasquez-Cruz, 692 F.3d 1001, 1008 (9th Cir. 2012). The below-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Lopez’s criminal and immigration history. See Gall v. United States, 552 U.S. 38, 51 (2007). AFFIRMED. 2 14-10465
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