United States v. Adrian Waldo-Ramirez

464 F. App'x 656

Opinion

MEMORANDUM **

Adrian Waldo-Ramirez appeals from the 21-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Waldo-Ramirez first contends that the district court erred in calculating the applicable Guidelines range in that it improperly denied a downward departure for cultural assimilation. This argument fails because “it is the pre-departure Guidelines sentencing range that the district court must correctly calculate.” United States v. Evans-Martinez, 611 F.3d 635, 643 (9th Cir.2010) (emphasis added). In any event, in light of Waldo-Ramirez’s criminal history, the court did not err in denying the departure. See U.S.S.G. § 2L1.2 cmt. n. 8.

Waldo-Ramirez next contends that his sentence is substantively unreasonable in view of his cultural assimilation. In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors, Waldo-Ramirez’s within-Guidelines sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Rodriguez-Rodriguez, 441 F.3d 767, 770 (9th Cir.2006).

AFFIRMED.

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