FILED
NOT FOR PUBLICATION OCT 05 2010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. 09-50560
Plaintiff - Appellee, D.C. No. 3:08-cr-02028-JAH
v.
MEMORANDUM *
ERNESTO LOPEZ-FIGUEROA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Ernesto Lopez-Figueroa appeals from the 70-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. 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).
Lopez-Figueroa contends his sentence is substantively unreasonable in light
of the mitigating circumstances he presented. The record reflects that the district
court did not procedurally err and that, in light of the totality of the circumstances,
including the 18 U.S.C. § 3553(a) factors, the bottom-of-the-Guidelines sentence is
substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); see
also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc).
Lopez-Figueroa also argues that the district court erred when it denied his
motion to dismiss the indictment. However, when Lopez-Figueroa entered an
unconditional guilty plea, he waived the right to appeal the denial of his motion.
See Tollett v. Henderson, 411 U.S. 258, 267 (1973); United States v. Lopez-
Armenta, 400 F.3d 1173, 1175 (9th Cir. 2005). We therefore do not address the
merits of this claim. See Lopez-Armenta, 400 F.3d at 1175.
AFFIRMED.
2 09-50560