United States v. Juan Lopez-Guzman

MEMORANDUM

In these consolidated appeals, Juan Carlos Lopez-Guzman appeals the 41-month sentence imposed following his guilty-plea conviction for being a deported alien found unlawfully in the United States in violation of 8 U.S.C. § 1326 (a), and the eight-month, consecutive sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lopez-Guzman contends that the district court procedurally erred by failing to explain the sentences adequately and to consider the applicable sentencing factors. With respect to the revocation sentence, he contends that the court erred by relying on improper sentencing factors and on clearly erroneous facts. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. The record reflects that the district court considered Lopez-Guzman’s arguments and the applicable sentencing factors, did not rely on any improper factor or clearly erroneous facts, and adequately explained the sentence. See Rita v. United States, 551 U.S. 338, 358-59 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007).

Lopez-Guzman next contends that his sentence is…