United States of America v. Carlos Perez-Lopez, a.k.a. Jorge Lopez, a.k.a. Gilberto Salas

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. Appellant. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CARLOS PEREZ-LOPEZ, a.k.a. Jorge
Lopez, a.k.a. Gilberto Salas,
Defendant - Appellant.
No. 11-50206
D.C. No. 3:10-cr-04999-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Carlos Perez-Lopez appeals from the 18-month sentence imposed following
his conviction for being a deported alien found in the United States, in violation of
8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
DEC 22 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50206 2
Perez-Lopez contends that the district court procedurally erred by: (1) failing
to use the Guidelines as a starting point in the sentencing process; (2) failing to
provide an adequate explanation for the sentence; and (3) focusing exclusively on
the need to protect the public. This contention lacks merit as the record reflects
that the court used the Guidelines range as the starting point in the sentencing
process, adequately explained the sentence, and considered the 18 U.S.C. § 3553(a)
sentencing factors. See United States v. Carty, 520 F.3d 984, 991 (9th Cir. 2008)
(en banc).
Perez-Lopez also contends that the above-Guidelines sentence was
substantively unreasonable. The record reflects that the 18-month sentence is
substantively reasonable in light of the totality of the circumstances and the section
3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.

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