United States v. Matias Lopez-Fernandez

MEMORANDUM

Matías Lopez-Fernandez appeals from the district court’s judgment and challenges the 30-month sentence imposed following his jury-trial conviction for 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.

Lopez-Fernandez contends that the district court procedurally erred at sentencing and violated his due process rights by relying on an improper factor, namely, the desire to deter other defendants from exercising their Sixth Amendment right to trial. We review for plain error, see United States v. Vanderwerfhorst, 576 F.3d 929, 934-35 (9th Cir.2009), and find none. The record belies Lopez-Fernandez’s contention that the district court sought to deter other defendants from exercising their Sixth Amendment rights, but rather reflects the court’s concern with deterring false testimony. See generally United States v. Dunnigan, 507 U.S. 87, 96 , 113 S.Ct. 1111 , 122 L.Ed.2d 445 (1993) (“[A] defendant’s right to testify does not include a right to commit perjury.”).

Lopez-Fernandez also contends that his sentence is substantively unreasonable. We review the substantive reasonableness of the sentence for…