United States of America v. LESTER LEONARD LOPEZ, AKA Lester Lopez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LESTER LEONARD LOPEZ, AKA Lester
Lopez,
Defendant-Appellant.
No. 18-10409
D.C. No. 4:16-cr-01966-JGZ-JR-2
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted July 15, 2019**
Before: SCHROEDER, SILVERMAN, and CLIFTON, Circuit Judges.
Lester Leonard Lopez appeals from the district court’s judgment and
challenges the sentence of 10 months and 33 days imposed upon revocation of
probation. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Lopez challenges the 33-day official detention adjustment applied by the
* 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
JUL 17 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 18-10409
district court pursuant to U.S.S.G. § 7B1.3(e). His arguments lack merit. Contrary
to Lopez’s contention, section 7B1.3(e) is not in conflict with 18 U.S.C. § 3585(b).
The former is a Guidelines policy statement that the district court is required to
consider in imposing a revocation sentence, see 18 U.S.C. § 3553(a)(4)(B), while
the latter is a directive to the Attorney General that does not apply at sentencing.
See United States v. Wilson, 503 U.S. 329, 333-34 (1992). Moreover, section
7B1.3(e) does not violate the Equal Protection Clause because revoked
probationers are not similarly situated to defendants being sentenced for their
underlying conviction for the first time. See Mayner v. Callahan, 873 F.2d 1300,
1301 (9th Cir. 1989) (“The equal protection clause directs that all persons similarly
circumstanced shall be treated alike.”) (internal quotations omitted)).
AFFIRMED.

-- 2 of 2 --