USA v. Lopez

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEB 17, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-12817
Non-Argument Calendar
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D.C. Docket No. 5:09-cr-00071-CAR-CWH-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLAUDIO LOPEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Georgia
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(February 17, 2011)
Before TJOFLAT, BARKETT and KRAVITCH, Circuit Judges.
PER CURIAM:
Claudio Lopez appeals his sentence of 55 months’ imprisonment after
pleading guilty to illegally re-entering the United States after having previously

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been deported, in violation of 8 U.S.C. § 1326(a). On appeal, Lopez argues that
his sentence was unreasonable.
We review the reasonableness of a sentence under a deferential
abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 41 (2007). The
party who challenges the sentence must establish that the sentence is unreasonable
in the light of both the record and the factors in 18 U.S.C. § 3553(a). United
States v. Talley, 431 F.3d 784, 788 (11th Cir. 2005).
In this case, Lopez has not met his burden to show that his sentence, which
fell in the middle of the guideline range, was unreasonable. The record belies his
argument that the district court failed to consider his arguments in mitigation. Nor
does the record support his argument that the court failed to provide a sentencing
rationale. Indeed, the district court emphasized Lopez’s extensive criminal
history, which included numerous drug convictions and placed him in the highest
criminal history category. Although the district court relied primarily on this
factor, such reliance was not unreasonable given the severity of Lopez’s criminal
history. The record further belies Lopez’s argument that the district court treated
the Guidelines as mandatory, rather than advisory. Accordingly, we affirm.
AFFIRMED.
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