United States of America v. Juan Miguel Menchaco-Lopez

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NOT FOR PUBLICATION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.
JUAN MIGUEL MENCHACO-LOPEZ,
Defendant - Appellant.
No. 11-50120
D.C. No. 3:10-cr-04782-WQH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted January 17, 2012**
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Juan Miguel Menchaco-Lopez appeals from the 36-month sentence imposed
following his guilty-plea 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
JAN 20 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-50120 2
Menchaco-Lopez contends that the district court procedurally erred by
failing to address his policy challenge to the illegal reentry Guideline requiring a
sixteen-level enhancement for certain prior convictions, and that the sentence
imposed is substantively unreasonable. The district court did not procedurally err,
as the record reflects that it considered Menchaco-Lopez’s arguments before
imposing a sentence that was 21 months below the advisory Guidelines range, and
found the circumstances insufficient to justify a sentence lower than the one
imposed. See United States v. Ayala-Nicanor, 659 F.3d 744, 752-53 (9th Cir.
2011). Further, the sentence below the Guidelines range is substantively
reasonable under the totality of the circumstances and in light of the sentencing
factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 51
(2007).
AFFIRMED.

-- 2 of 2 --