USA V. JUAN GALLEGOS-LOPEZ, No. 16-10067 (9th Cir. 2017)

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FILED FEB 27 2017 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-10067 D.C. No. 4:15-cr-01438-RM v. MEMORANDUM* JUAN JOSE GALLEGOS-LOPEZ, a.k.a. Juan Jose Gallegos, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Rosemary Marquez, District Judge, Presiding Submitted February 14, 2017** Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges. Juan Jose Gallegos-Lopez appeals from the district court’s judgment and challenges the 24-month sentence imposed following his guilty-plea conviction for * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Gallegos-Lopez contends that his sentence is substantively unreasonable in light of his cultural assimilation and other mitigating factors, as well as the thenproposed amendments to the illegal reentry guidelines. The court did not abuse its discretion in imposing Gallegos-Lopez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). 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 Gallegos-Lopez’s criminal history. See Gall, 552 U.S. at 51. AFFIRMED. 2 16-10067

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