United States v. Oscar Jimenez-Lopez

Good Law
471 F. App'x 685
United States Court of Appeals for the Ninth CircuitMarch 12, 201211-10393California184 words

Opinion

MEMORANDUM

Oscar Jimenez-Lopez appeals from the 77-month sentence imposed following his guilty-plea conviction for re-entry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Jimenez-Lopez contends that the district court procedurally erred by failing to explain adequately the reasons for the sentence. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and we find none. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc) (“[Ajdequate explanation in some cases may ... be inferred from the PSR or the record as a whole.”).

Jimenez-Lopez also contends that his sentence is substantively unreasonable. The record reflects that, under the totality of the circumstances and the 18 U.S.C. § 3553 (a) sentencing factors, the sentence at the bottom of the Guidelines range is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).

AFFIRMED.

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