United States of America v. Mario Lopez-Vega

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARIO LOPEZ-VEGA,
Defendant - Appellant.
No. 10-10246
D.C. No. 4:09-cr-01150-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Mario Lopez-Vega appeals from the 84-month sentence imposed following
his guilty-plea conviction for re-entry after deportation, in violation of 8 U.S.C.
§ 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
FEB 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10246 2
Mario Lopez-Vega contends that his sentence is substantively unreasonable,
given his difficult life and the impact violence, drugs, and alcohol have had on his
emotional and mental health. In light of the totality of the circumstances and the
factors set forth in 18 U.S.C. § 3553(a), the district court’s sentence is not
substantively unreasonable. See Gall v. United States, 552 U.S. 38, 51 (2007);
United States v. Carty, 520 F.3d 984, 993-94 (9th Cir. 2008) (en banc).
AFFIRMED.

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