United States v. Guillermo Zavala-Bolanos

MEMORANDUM

Guillermo Zavala-Bolanos appeals from the district court’s judgment and challenges the 77-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.

Zavala-Bolanos contends that the district court procedurally erred by relying on the erroneous belief that he had multiple reentries. We review for plain error, see United States v. Dallman, 533 F.3d 755, 761 (9th Cir.2008), and find none. The record reflects that, although the district court referenced multiple reentries, it subsequently indicated that Zavala-Bola-nos had only one official deportation. Moreover, to the extent the district court erred, the error did not affect Zavala-Bolanos’s substantial rights. See id.

Zavala-Bolanos also contends that the district court abused its discretion by failing to depart downward on the basis of his cultural assimilation. Our review of a district court’s exercise of discretion to depart or vary on the basis of cultural assimilation is subsumed in our review of whether the court imposed a substantively reasonable sentence. See United States v.…