United States v. Jesus Meneses-Lopez , 550 F. App'x 395 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 18 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10387
Plaintiff - Appellee, D.C. No. 2:11-cr-02270-ROS
v.
MEMORANDUM*
JESUS MENESES-LOPEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Roslyn O. Silver, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Jesus Meneses-Lopez appeals from the district court’s judgment and
challenges the 57-month sentence imposed following his guilty-plea conviction for
reentry of a removed alien, 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).
Meneses-Lopez contends that the district court procedurally erred by failing
to recognize its discretion to vary downward from the Guideline range based upon
policy grounds under Kimbrough v. United States, 552 U.S. 85 (2007). The record
belies this contention. The district court recognized, but chose not to exercise, its
Kimbrough discretion to vary from the Guidelines. See United States v. Ayala-
Nicanor, 659 F.3d 744, 752-53 (9th Cir. 2011).
Meneses-Lopez also argues that his sentence is substantively unreasonable
in light of the age of his 1998 felony conviction and other mitigating factors. The
district court did not abuse its discretion in imposing Meneses-Lopez’s sentence.
See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence at the bottom of
the Guidelines range is substantively reasonable in light of the 18 U.S.C. § 3553(a)
sentencing factors and the totality of the circumstances, including Meneses-
Lopez’s overall criminal history and the need for deterrence and protection of the
public. See id.
AFFIRMED.
2 12-10387