United States v. Ramiro Lopez-Aquirre ( 2016 )

FILED
NOT FOR PUBLICATION AUG 01 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50219
Plaintiff - Appellee, D.C. No. 3:14-cr-07131-GT
v.
MEMORANDUM*
RAMIRO LOPEZ-AQUIRRE, a.k.a.
Hector Lopez, a.k.a. Ramiro Lopez, a.k.a.
Ramiro Lopez-Aguirre,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Gordon Thompson, Jr., District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Ramiro Lopez-Aquirre appeals from the district court’s judgment and
challenges the 24-month sentence imposed upon revocation of supervised release.
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).
Lopez-Aquirre contends that the district court procedurally erred by failing
to respond to his mitigating arguments. We review for harmless error, see United
States v. Munoz-Camarena, 631 F.3d 1028, 1030 & n.5 (9th Cir. 2011), and find
none. The record reflects that the district court listened to Lopez-Aquirre’s
mitigating arguments. Moreover, the district court’s reasons for imposing the
sentence are apparent from the record. See United States v. Carty, 520 F.3d 984,
992 (9th Cir. 2008) (en banc) (“[A]dequate explanation in some cases may also be
inferred from the PSR or the record as a whole.”). Nothing more was required.
See Rita v. United States, 551 U.S. 338, 358-59 (2007).
AFFIRMED.
2 15-50219