USA V. RIGOBERTO LOPEZ-MARTINEZ, No. 17-10557 (9th Cir. 2018)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 18 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 17-10557 D.C. No. 4:17-cr-01121-FRZ v. MEMORANDUM* RIGOBERTO LOPEZ-MARTINEZ, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Frank R. Zapata, District Judge, Presiding Submitted September 12, 2018** Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges. Rigoberto Lopez-Martinez appeals from the district court’s judgment and challenges the 18-month sentence imposed following his guilty-plea conviction for 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. * 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). Lopez-Martinez contends that the district court procedurally erred by failing to address his non-frivolous arguments in support of a downward variance and by failing to explain the sentence adequately. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there is none. The record reflects that the district court considered LopezMartinez’s arguments and was not persuaded that a below-Guidelines sentence was warranted. The district court sufficiently explained its reasons for imposing an 18month sentence. See United States v. Perez-Perez, 512 F.3d 514, 516-17 (9th Cir. 2008). Lopez-Martinez next contends that the sentence is substantively unreasonable. The court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Lopez-Martinez’s immigration history and the failure of prior sentences to deter him from further criminal conduct. See Gall, 552 U.S. at 51. AFFIRMED. 2 17-10557
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