FILED
NOT FOR PUBLICATION OCT 04 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10357
Plaintiff - Appellee, D.C. No. 2:08-cr-00323-LDG
v.
MEMORANDUM *
ABRAHAM GONZALEZ-LOPEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Lloyd D. George, District Judge, Presiding
**
Submitted September 13, 2010
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Abraham Gonzalez-Lopez appeals from the 84-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
States, in violation of 8 U.S.C. § 1326, and from the 9-month sentence imposed
*
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).
upon revocation of supervised release. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Gonzalez-Lopez contends that his sentence is substantively unreasonable
because, among other things, the district court did not give adequate weight to his
mitigating factors. The district court did not procedurally err in imposing
Gonzalez-Lopez’s sentence. See United States v. Ressam, 593 F.3d 1095 (9th Cir.
2010); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en
banc). Moreover, in light of the totality of the circumstances, including Gonzalez-
Lopez’s extensive criminal record and immigration history including five
deportations, his within guidelines sentence is substantively reasonable. See Gall
v. United States, 552 U.S. 38, 51 (2007); see also Carty, 520 F.3d at 991-93.
AFFIRMED.
2 09-10357