Opinion
No. 08-50341.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed August 17, 2009.
Jill L. Burkhardt, Esquire, Assistant U.S., Office of the U.S. Attorney, San Diego, CA, Plaintiff-Appellee.
John Owen Lanahan, Law Office of John Lanahan, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, John A. Houston, District Judge, Presiding. D.C. No. 3:04-cr-00603-JAH.
Before: KLEINFELD, M. SMITH, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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.