United States v. Jesus Lopez

508 F. App'x 610

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 13, 2013
• Docket: 11-50190
• Status: Unpublished

Opinion

MEMORANDUM **

Jesus Sanchez Lopez appeals from the district court’s judgment and challenges the 70-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Sanchez Lopez contends that his sentence is substantively unreasonable because (i) it creates an unwarranted sentencing disparity between his sentence and the sentences imposed on defendants with similar criminal histories prosecuted under the fast-track program, and (ii) it does not reflect his mitigating circumstances and motivation for returning to the United States. The district court did not abuse its discretion in imposing Sanchez Lopez’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). We have held that sentencing disparities that result from the fast-track program are not unwarranted and, as such, do not violate 18 U.S.C. § 3553(a)(6). See United States v. Marcial-Santiago, 447 F.3d 715, 718-19 (9th Cir.2006). Moreover, in light of the section 3553(a) factors and the totality of the circumstances, including Sanchez Lopez’s criminal history and immigration violations, the sentence at the bottom of the advisory Guidelines range is substantively reasonable. 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 9th Cir. R. 36-3.