United States v. Sergio Ramos-Lopez

FILED
NOT FOR PUBLICATION DEC 16 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-30011
Plaintiff - Appellee, D.C. No. 1:13-cr-00160-PA
v.
MEMORANDUM*
SERGIO RAMOS-LOPEZ, a.k.a. Jose
Luis Naranjo,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Owen M. Panner, District Judge, Presiding
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Sergio Ramos-Lopez appeals from the district court’s judgment and
challenges the 87-month sentence imposed following his guilty-plea conviction for
illegal reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28
*
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).
U.S.C. § 1291, and we affirm.
Ramos-Lopez contends that his sentence is substantively unreasonable
because the district court gave undue weight to his stale drug trafficking and
robbery convictions, and failed to give sufficient weight to his history and
characteristics, including his drug addiction. He also argues that the sentence is
longer than necessary to afford adequate deterrence and to protect the public. The
district court did not abuse its discretion in imposing Ramos-Lopez’s sentence.
See Gall v. United States, 552 U.S. 38, 51 (2007). The 87-month sentence in the
middle of the Guidelines range is substantively reasonable in light the 18 U.S.C.
§ 3553(a) sentencing factors and the totality of the circumstances, including
Ramos-Lopez’s criminal and immigration history. See id.AFFIRMED.
2 14-30011