United States of America v. Eswin Cifuentes-Lopez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ESWIN CIFUENTES-LOPEZ,
Defendant - Appellant.
No. 12-50359
D.C. No. 3:11-cr-04336-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted September 16, 2013**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Eswin Cifuentes-Lopez appeals from the district court’s judgment and
challenges the 57-month sentence imposed following his guilty-plea conviction for
attempted entry after deportation, in violation of 8 U.S.C. § 1326. We dismiss.
FILED
OCT 22 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Cifuentes-Lopez contends that the district court failed to give meaningful
consideration to all of the 18 U.S.C. § 3553(a) factors and to his arguments for a
variance from the advisory Sentencing Guidelines range. He further contends that
the court gave too much weight to his criminal history and “violent nature” and
that the resulting sentence is substantively unreasonable.
The government submits that the appeal is barred by the waiver in the
parties’ plea agreement. We review de novo and conclude that the waiver is valid
and binding and bars the appeal. See United States v. Bibler, 495 F.3d 621, 623-24
(9th Cir. 2007).
DISMISSED.
12-50359 2

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