United States v. Guadalupe Diaz-Cruz

MEMORANDUM

Guadalupe Diaz-Cruz appeals from the district court’s judgment and challenges the 36-month sentence 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. § 1291 , and we affirm.

Diazr-Cruz contends that his sentence is substantively unreasonable because the court failed to grant a downward departure under U.S.S.G. § 4A1.3(b), which authorizes the district court to depart when the defendant’s criminal history category overstates the seriousness of his criminal history. Our review of a district court’s decision whether to depart under section 4A1.3 is limited to determining whether the court imposed a substantively reasonable sentence. See United States v. Ellis, 641 F.3d 411, 421-22 (9th Cir.2011). The district court did not abuse its discretion in imposing Diaz-Cruz’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). The record reflects that the court varied upwards from the parties’ sentencing recommendation in light of Diaz-Gruz’s history of driving under the influence and immigration violations. The…