
    UNITED STATES of America, Plaintiff-Appellee, v. Benjamin LOPEZ-LOPEZ, Defendant-Appellant.
    No. 08-50341.
    United States Court of Appeals, Ninth Circuit.
    Submitted Aug. 11, 2009.
    
    Filed Aug. 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.
    
      Before: KLEINFELD, M. SMITH, and IKUTA, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   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.
     