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United States v. Cesar Coutino-Lopez
689 F. App'x 872
| 9th Cir. | 2017
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Docket

*1 Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

Cesar Coutino-Lopez appeals from the district court’s judgment and challenges the 24-month sentence and one-year term of supervised release imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. *2 § 1291, and we affirm.

Coutino-Lopez contends that the government breached the parties’ plea agreement at the sentencing hearing by implicitly suggesting that it did not support the stipulated low-end Guidelines sentence or the four-level fast-track departure under U.S.S.G. § 5K3.1. We reject this argument because the record reflects that, in its sentencing summary chart and at the sentencing hearing, the government stood by its recommendation that Coutino-Lopez receive the stipulated fast-track departure and a low-end Guidelines sentence. Accordingly, Coutino-Lopez received the benefit of his bargain and “the presentation of a united front to the court.” See United States v. Alcala-Sanchez, 666 F.3d 571, 575 (9th Cir. 2012) (internal quotations omitted).

Coutino-Lopez next contends that his sentence is substantively unreasonable. The court did not abuse its discretion in imposing Coutino-Lopez’s sentence. See Gall v. United States , 552 U.S. 38, 51 (2007). The custodial sentence and term of supervised release are substantively reasonable in light of the applicable 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including Coutino-Lopez’s immigration history. See Gall , 552 U.S. at 51.

AFFIRMED.

2 16-50178

[*] 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).

Case Details

Case Name: United States v. Cesar Coutino-Lopez
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Apr 24, 2017
Citation: 689 F. App'x 872
Docket Number: 16-50178
Court Abbreviation: 9th Cir.
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