United States v. Ignacio Sosa

FILED NOT FOR PUBLICATION FEB 25 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-50489 Plaintiff - Appellee, D.C. No. 2:13-cr-00478-R v. MEMORANDUM* IGNACIO LOPEZ SOSA, a.k.a. Carlos Duran, a.k.a. Ignacio Tony Sosa, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding Submitted February 17, 2015** Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges. Ignacio Lopez Sosa appeals from the district court’s judgment and challenges the 36-month sentence imposed following his guilty-plea conviction for * 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). being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Lopez Sosa contends that the district court procedurally erred 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 find none. The district court listened to Lopez Sosa’s arguments, stated that it had reviewed the criteria set forth in 18 U.S.C. § 3553(a), and imposed a sentence below the Guidelines range. The failure to do more does not constitute plain error. See id. Lopez Sosa also contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Lopez Sosa’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The below-Guidelines sentence is substantively reasonable in light of the section 3553(a) sentencing factors and the totality of the circumstances, including Lopez Sosa’s multiple prior reentries and his criminal history. See Gall, 552 U.S. at 51. AFFIRMED. 1 2 13-50489