United States v. Jose Rivera-Lopez

MEMORANDUM

Jose Rivera-Lopez appeals from the 70-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 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Rivera-Lopez contends that his sentence is substantively unreasonable under United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir.2009), because the sentence does not adequately account for the age of his prior conviction, the nature of the conduct underlying that conviction, or the nature of his subsequent criminal history. In light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553 (a), the sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); see also United States v. Valencia-Barragan, 608 F.3d 1103, 1109 (9th Cir.2010) (emphasizing the limited scope of the holding in Amezcua-Vas- quez).

AFFIRMED.

This' disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.