FILED
NOT FOR PUBLICATION FEB 13 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-50190
Plaintiff - Appellee, D.C. No. 2:10-cr-01345-DSF
v.
MEMORANDUM *
JESUS SANCHEZ LOPEZ, a.k.a. Tomas
Molina Acosta, a.k.a. Acosta Tomas-
Molina,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted February 11, 2013 **
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Jesus Sanchez Lopez appeals from the district court’s judgment and
challenges the 70-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 after deportation, in violation of 8
U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Sanchez Lopez contends that his sentence is substantively unreasonable
because (i) it creates an unwarranted sentencing disparity between his sentence and
the sentences imposed on defendants with similar criminal histories prosecuted
under the fast-track program, and (ii) it does not reflect his mitigating
circumstances and motivation for returning to the United States. The district court
did not abuse its discretion in imposing Sanchez Lopez’s sentence. See Gall v.
United States, 552 U.S. 38, 51 (2007). We have held that sentencing disparities
that result from the fast-track program are not unwarranted and, as such, do not
violate 18 U.S.C. § 3553(a)(6). See United States v. Marcial-Santiago, 447 F.3d
715, 718-19 (9th Cir. 2006). Moreover, in light of the section 3553(a) factors and
the totality of the circumstances, including Sanchez Lopez’s criminal history and
immigration violations, the sentence at the bottom of the advisory Guidelines range
is substantively reasonable. See Gall, 552 U.S. at 51.
AFFIRMED.
2 11-50190