U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Barraza-Lopez

United States v. Barraza-Lopez
U.S. Court of Appeals for the Ninth Circuit · Decided September 28, 2011 · Pregerson, Fisher, Berzon
659 F.3d 1216; 450 F. App'x 676 (Federal Reporter, Third Series)

United States v. Barraza-Lopez

Opinion

MEMORANDUM *

Juan Pedro Barraza-Lopez appeals his guilty-plea conviction on two counts of illegal reentry and one count of escape from federal custody. He also appeals his 100-month sentence. 1 We affirm.

1. Barraza-Lopez has waived his claim that 18 U.S.C. § 3161(c)’s 70-day indictment-to-trial time limit was violated. In the plea agreement, he agreed not to appeal any rulings other than those the agreement expressly outlined. Barraza-Lopez did not raise his § 3161(c) claim before the district court, so the plea agreement of course did not list any ruling on this claim among those preserved for appeal. Barraza-Lopez therefore waived his right to raise it here. See United States v. Bynum, 362 F.3d 574, 583 (9th Cir. 2004).

Barraza-Lopez’s 100-month sentence— at the low end of an unchallenged Guidelines range — was not substantively unreasonable. See United States v. Carty, 520 F.3d 984, 994 (9th Cir. 2008) (en banc). The district court discussed all of the mitigating evidence Barraza-Lopez says was improperly discounted and explained why *677 it accorded greater weight to the aggravating evidence. There was no abuse of discretion. See United States v. Burgum, 633 F.3d 810, 813 (9th Cir. 2011) (rejecting a substantive unreasonableness challenge when the district court’s findings were “rational, clearly explained and closely tied to the factual record”).

AFFIRMED.

*

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

1

. We address the other argument Barraza-Lopez raises on appeal in an opinion filed concurrently with this memorandum disposition.

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