United States of America v. Orlando Retes-Lopez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ORLANDO RETES-LOPEZ,
Defendant-Appellant.
No. 16-10275
D.C. No. 2:15-cr-00287-HDM
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Howard D. McKibben, District Judge, Presiding
Submitted March 8, 2017**
Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
Orlando Retes-Lopez appeals from the district court’s judgment and
challenges the 21-month custodial sentence and three-year term of supervised
release imposed following his guilty-plea conviction for being a deported alien
FILED
MAR 14 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Retes-Lopez contends that the district court procedurally erred by failing to
explain why it imposed a term of supervised release. We review for plain error,
see United States v. Valencia-Barragan, 608 F.3d 1103, 1008 (9th Cir. 2010), and
conclude there is none. The record reflects that the district court considered Retes-
Lopez’s argument against the term of supervised release. Moreover, the district
court’s reasons for imposing the term of supervised release 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.”).
Retes-Lopez also contends that his sentence is substantively unreasonable.
The district court did not abuse its discretion. See Gall v. United States, 552 U.S.
38, 51 (2007). The within-Guidelines sentence is substantively reasonable in light
of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances,
including Retes-Lopez’s criminal history and the need for deterrence. See Gall,
552 U.S. at 51. Moreover, the district court did not abuse its discretion in imposing
the term of supervised release as an added measure of deterrence and protection.
16-10275 2

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See U.S.S.G. § 5D1.1 cmt. n.5; United States v. Valdavinos-Torres, 704 F.3d 679,
692-93 (9th Cir. 2012).
AFFIRMED.
16-10275 3

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