Gutierrez-Lopez

MEMORANDUM ***

Appellant Oscar Gutierrez-Lopez pled guilty without a plea agreement to unlawfully reentering the United States in violation of 8 U.S.C. § 1326 . Gutierrez-Lopez appeals his thirty-four month, above-Guidelines sentence, contending it is unreasonable. We affirm.

The thirty-four month sentence was above the twenty-four to thirty month advisory Guideline range. The district court concluded that this range did not take into account the fact that Gutierrez-Lopez violated his supervised release from a previous 8 U.S.C. § 1326 conviction (the government dismissed its petition to revoke Gutierrez-Lopez’s supervised release from that conviction before this sentencing). Additionally, the district court noted that each time Gutierrez-Lopez reentered the United States, he committed crimes. After considering the factors set forth at 18 U.S.C. § 3553 (a), the district court sentenced Gutierrez-Lopez to thirty-four months.

Gutierrez-Lopez does not argue that the district court improperly calculated the advisory Guideline range. See Gall v. United States, — U.S. -, 128 S.Ct. 586, 596 , 169 L.Ed.2d 445 (2007) (stating that “a district court should begin all sentencing proceedings…