United States of America v. Rigoberto Lopez-Martinez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RIGOBERTO LOPEZ-MARTINEZ,
Defendant-Appellant.
No. 17-10557
D.C. No. 4:17-cr-01121-FRZ
MEMORANDUM*
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).
FILED
SEP 18 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-10557
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 Lopez-
Martinez’s arguments and was not persuaded that a below-Guidelines sentence was
warranted. The district court sufficiently explained its reasons for imposing an 18-
month 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.

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