United States of America v. Lucio Rivera Perez

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).
AH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LUCIO RIVERA PEREZ,
Defendant - Appellant.
No. 09-50123
D.C. No. 2:08-cr-01073-SVW
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Lucio Rivera Perez appeals from his 60-month sentence imposed following
his guilty-plea conviction for being an alien in possession of a firearm and
FILED
MAR 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AH/Research 09-50123
ammunition, in violation of 18 U.S.C. § 922(g)(5). We have jurisdiction pursuant
to 28 U.S.C. § 1291, and we affirm.
Perez contends that the district court procedurally erred by, among other
things, failing to address his mitigation arguments that he did not know that the
firearm he possessed had an obliterated serial number, and that his criminality was
caused by his alcoholism. He also contends that the district court did not
adequately justify his above-Guidelines sentence. The record reflects that the
district court listened to the parties’ arguments and that it adequately explained the
sentence. See United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir.
2009).
Perez also contends that his sentence is substantively unreasonable. The
record further reflects that, under the totality of the circumstances, Perez’s sentence
is not substantively unreasonable. See United States v. Carty, 520 F.3d 984,
991-93 (9th Cir. 2008) (en banc); see also Rita v. United States, 551 U.S. 338
(2007).
AFFIRMED.

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