FILED
NOT FOR PUBLICATION SEP 25 2015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. 14-10465
Plaintiff - Appellee, D.C. No. 2:14-cr-00101-JAM
v.
MEMORANDUM*
ADOLFO SALVADOR LOPEZ, a.k.a.
Adolfo Lopez,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted September 21, 2015**
Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.
Adolfo Salvador Lopez appeals from the district court’s judgment and
challenges the 30-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.
*
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).
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Lopez contends that the district court abused its discretion by failing to
depart or vary downward to account for his alleged cultural assimilation. We
review this claim as part of our review of the substantive reasonableness of the
sentence. See United States v. Vasquez-Cruz, 692 F.3d 1001, 1008 (9th Cir. 2012).
The below-Guidelines sentence is substantively reasonable in light of the 18 U.S.C.
§ 3553(a) sentencing factors and the totality of the circumstances, including
Lopez’s criminal and immigration history. See Gall v. United States, 552 U.S. 38,
51 (2007).
AFFIRMED.
2 14-10465