United States v. Manuel Salazar-Lopez , 426 F. App'x 516 ( 2011 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                             APR 11 2011
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 09-50443
    Plaintiff - Appellee,             D.C. No. 3:09-cr-02835-LAB
    v.
    MEMORANDUM *
    MANUEL SALAZAR-LOPEZ,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Southern District of California
    Larry A. Burns, District Judge, Presiding
    Submitted April 5, 2011 **
    Before:        B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
    Manuel Salazar-Lopez appeals from the 36-month sentence imposed
    following his guilty-plea conviction for being a deported alien found in the United
    States, in violation of 
    8 U.S.C. § 1326
    . We have jurisdiction under 
    28 U.S.C. § 1291
    , and we affirm.
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    Salazar-Lopez contends that the district court procedurally erred by basing
    his sentence on erroneous facts regarding the length of his prior sentences, double
    counting his criminal history, and relying on facts not in the record.
    Contrary to his contention, the district court did not err. See United States v.
    Carty, 
    520 F.3d 984
    , 992-93 (9th Cir. 2008) (en banc); see also United States v.
    Garcia-Cardenas, 
    555 F.3d 1049
    , 1050 (9th Cir. 2009) (per curiam) (district court
    commits no error by using a defendant’s prior conviction both as a basis for a
    sentencing enhancement and in calculating his criminal history score).
    Moreover, 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 Carty,
    
    520 F.3d at 991
    .
    AFFIRMED.
    2                                    09-50443
    

Document Info

Docket Number: 09-50443

Citation Numbers: 426 F. App'x 516

Judges: Fletcher, Clifton, Bea

Filed Date: 4/11/2011

Precedential Status: Non-Precedential

Modified Date: 10/19/2024