FILED
NOT FOR PUBLICATION FEB 27 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10067
Plaintiff-Appellee, D.C. No. 4:15-cr-01438-RM
v.
MEMORANDUM*
JUAN JOSE GALLEGOS-LOPEZ, a.k.a.
Juan Jose Gallegos,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Rosemary Marquez, District Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Juan Jose Gallegos-Lopez appeals from the district court’s judgment and
challenges the 24-month sentence imposed following his guilty-plea conviction for
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Gallegos-Lopez contends that his sentence is substantively unreasonable in
light of his cultural assimilation and other mitigating factors, as well as the then-
proposed amendments to the illegal reentry guidelines. The court did not abuse its
discretion in imposing Gallegos-Lopez’s sentence. See Gall v. United States, 552
U.S. 38, 51 (2007). 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 Gallegos-Lopez’s criminal history. See Gall, 552 U.S. at
51.
AFFIRMED.
2 16-10067