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FILED NOT FOR PUBLICATION AUG 18 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-10560 Plaintiff -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