U.S. Court of Appeals for the Ninth Circuit, 2009

United States v. Lopez-Lopez

United States v. Lopez-Lopez
U.S. Court of Appeals for the Ninth Circuit · Decided August 17, 2009 · Ikuta, Kleinfeld, Smith
332 F. App'x 417

United States v. Lopez-Lopez

Opinion of the Court

MEMORANDUM **

Benjamin Lopez-Lopez appeals from the 235-month sentence imposed following modification pursuant to 18 U.S.C. § 3582(c)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Lopez-Lopez contends that the district court procedurally erred by failing to explain why it denied his request for a variance below the modified Guidelines range. We review for plain error, see United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008), and we affirm because Lopez-Lopez has not established that any error affected his substantial rights, see id. at 761-62.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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