United States of America v. Cesar Coutino-Lopez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CESAR COUTINO-LOPEZ,
Defendant-Appellant.
No. 16-50178
D.C. No. 3:15-cr-02657-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Cesar Coutino-Lopez appeals from the district court’s judgment and
challenges the 24-month sentence and one-year term of supervised release imposed
following his guilty-plea conviction for being a removed alien found in the United
States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
* 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).
FILED
APR 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-50178
§ 1291, and we affirm.
Coutino-Lopez contends that the government breached the parties’ plea
agreement at the sentencing hearing by implicitly suggesting that it did not support
the stipulated low-end Guidelines sentence or the four-level fast-track departure
under U.S.S.G. § 5K3.1. We reject this argument because the record reflects that,
in its sentencing summary chart and at the sentencing hearing, the government
stood by its recommendation that Coutino-Lopez receive the stipulated fast-track
departure and a low-end Guidelines sentence. Accordingly, Coutino-Lopez
received the benefit of his bargain and “the presentation of a united front to the
court.” See United States v. Alcala-Sanchez, 666 F.3d 571, 575 (9th Cir. 2012)
(internal quotations omitted).
Coutino-Lopez next contends that his sentence is substantively
unreasonable. The court did not abuse its discretion in imposing Coutino-Lopez’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The custodial
sentence and term of supervised release are substantively reasonable in light of the
applicable 18 U.S.C. § 3553(a) factors and the totality of the circumstances,
including Coutino-Lopez’s immigration history. See Gall, 552 U.S. at 51.
AFFIRMED.

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