United States v. Cesar Coutino-Lopez

689 F. App'x 872

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 24, 2017
• Docket: 16-50178
• Status: Unpublished

Opinion

MEMORANDUM **

Cesar Coutino-Lopez appeals from the district court’s judgment and challenges the 24-month sentence and one-year term of supervised release imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Coutino-Lopez contends that the government breached the parties’ plea agreement at the sentencing hearing by implicitly suggesting that it did not support the stipulated low-end Guidelines sentence or the four-level fast-track departure under U.S.S.G. § 5K3.1. We reject this argument because the record reflects that, in its sentencing summary chart and at the sentencing healing, the government stood by its recommendation that Coutino-Lopez receive the stipulated fast-track departure and a low-end Guidelines sentence. Accordingly, Coutino-Lopez received the benefit of his bargain and “the presentation of a united front to the court.” See United States v. Alcala-Sanchez, 666 F.3d 571, 575 (9th Cir. 2012) (internal quotations omitted).

Coutino-Lopez next contends that his sentence is substantively unreasonable. The court did not abuse its discretion in imposing Coutino-Lopez’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.CL 586, 169 L.Ed.2d 445 (2007). The custodial sentence and term of supervised release are substantively reasonable in light of the applicable 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including Coutino-Lopez’s immigration history. See Gall, 552 U.S. at 51, 128 S.Ct. 586.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.