United States v. Dario Lopez-Arellano

FILED
NOT FOR PUBLICATION AUG 18 2014

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-10560

Plaintiff - Appellee, D.C. No. 2:12-cr-00421-GMN

v.
MEMORANDUM*
DARIO LOPEZ-ARELLANO,

Defendant - Appellant.

Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, Chief Judge, Presiding

Submitted August 13, 2014**

Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.

Dario Lopez-Arellano appeals from the district court’s judgment and

challenges the 41-month sentence imposed following his guilty-plea conviction for

being a deported alien found unlawfully 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-Arellano contends that his sentence is substantively unreasonable in

light of his unique history and characteristics. The district court did not abuse its

discretion in imposing Lopez-Arellano’s sentence. See Gall v. United States, 552

U.S. 38, 51 (2007). The sentence at the bottom of the Guidelines range is

substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and

the totality of the circumstances, including Lopez-Arellano’s history of drug-

related offenses. See id.

AFFIRMED.

2 13-10560