United States v. Simon Lopez, Jr.

FILED
NOT FOR PUBLICATION MAR 05 2012
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. 11-50136
Plaintiff - Appellee, D.C. No. 2:09-cr-01308-MMM
v.
MEMORANDUM *
SIMON LOPEZ, Jr.,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Simon Lopez, Jr., appeals from the 205-month sentence imposed following
his guilty-plea conviction for possession with intent to distribute
methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii), and
*
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).
possession of a firearm in furtherance of a drug trafficking offense, in violation of
18 U.S.C. § 924(c)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Lopez contends that the district court procedurally erred by failing
sufficiently to discuss or apply the 18 U.S.C. § 3553(a) sentencing factors, and by
treating the Guidelines range as the presumptive sentencing range. The district
court provided a well-reasoned and thorough analysis of the 18 U.S.C. § 3553(a)
sentencing factors, before determining that a sentence below the applicable
Guidelines range was appropriate. The district court did not procedurally err, and
the sentence is substantively reasonable under the totality of the circumstances and
in light of the § 3553(a) factors. See Gall v. United States, 552 U.S. 38, 51 (2007).
Lopez also contends that the district court erred by not granting a third-
point reduction for acceptance of responsibility. This contention lacks merit. See
U.S.S.G. § 3E1.1(b); United States v. Johnson, 581 F.3d 994, 1003-04 (9th Cir.
2009).
Lopez’s pro se motion to supplement the record is denied.
AFFIRMED.
2 11-50136