NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50178
Plaintiff-Appellee, D.C. No. 3:15-cr-02657-LAB
v.
MEMORANDUM*
CESAR COUTINO-LOPEZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Cesar Coutino-Lopez appeals from the district court’s judgment and
challenges the 24-month sentence and one-year term of supervised release imposed
following his guilty-plea conviction for being a removed alien found in the United
States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
*
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).
§ 1291, and we affirm.
Coutino-Lopez contends that the government breached the parties’ plea
agreement at the sentencing hearing by implicitly suggesting that it did not support
the stipulated low-end Guidelines sentence or the four-level fast-track departure
under U.S.S.G. § 5K3.1. We reject this argument because the record reflects that,
in its sentencing summary chart and at the sentencing hearing, the government
stood by its recommendation that Coutino-Lopez receive the stipulated fast-track
departure and a low-end Guidelines sentence. Accordingly, Coutino-Lopez
received the benefit of his bargain and “the presentation of a united front to the
court.” See United States v. Alcala-Sanchez, 666 F.3d 571, 575 (9th Cir. 2012)
(internal quotations omitted).
Coutino-Lopez next contends that his sentence is substantively
unreasonable. The court did not abuse its discretion in imposing Coutino-Lopez’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The custodial
sentence and term of supervised release are substantively reasonable in light of the
applicable 18 U.S.C. § 3553(a) factors and the totality of the circumstances,
including Coutino-Lopez’s immigration history. See Gall, 552 U.S. at 51.
AFFIRMED.
2 16-50178