United States of America v. Enrique Rodriguez-Lopez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ENRIQUE RODRIGUEZ-LOPEZ,
Defendant - Appellant.
No. 14-50201
D.C. No. 3:12-cr-00540-JLS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Enrique Rodriguez-Lopez appeals from the district court’s judgment and
challenges the 77-month custodial sentence and three-year term of supervised
release imposed upon remand for resentencing. 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 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).
FILED
APR 30 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-50201
Rodriguez-Lopez contends that the district court erred by (1) relying on the
Guidelines sentencing range to the exclusion of other 18 U.S.C. § 3553(a)
sentencing factors, (2) failing to explain adequately the sentence and address his
sentencing arguments, and (3) failing to explain why a term of supervised release
was warranted in light of U.S.S.G. § 5D1.1(c). We review for plain error, see
United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find
none. The record reflects that the court considered Rodriguez-Lopez’s mitigating
arguments along with the other section 3553(a) sentencing factors and sufficiently
explained the sentence, including the need for the supervised release term in light
of his particular circumstances. See U.S.S.G. § 5D1.1(c) cmt. n.5.
Rodriguez-Lopez also contends that the sentence is substantively
unreasonable. The district court did not abuse its discretion in imposing
Rodriguez-Lopez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007).
The low-end sentence is substantively reasonable in light of the section 3553(a)
sentencing factors and the totality of the circumstances, including
Rodriguez-Lopez’s criminal and immigration history. See Gall, 552 U.S. at 51.
AFFIRMED.

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