United States v. Alejandra Ochoa-Navarrete

MEMORANDUM

Alejandra Ochoa-Navarrete appeals from the district court’s judgment and challenges the 46-month sentence imposed following her guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm, but remand to correct the judgment.

Ochoa-Navarrete contends that the district court violated Federal Rule of Criminal Procedure 32 by failing to rule on her objection to the presentence report (“PSR”). The district court did not violate Rule 32 because Ochoa-Navarrete’s objection to the PSR concerned a legal issue, not a factual dispute. See United States v. Grajeda, 581 F.3d 1186, 1188-89 (9th Cir.2009).

Ochoa-Navarrete also contends that the district court procedurally erred by failing to respond to her request for a cultural assimilation departure, and by failing to understand and address her mitigating argument regarding the reduced need for deterrence in view of her eligibility for a U-visa. We review for plain error, see United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010), and find no error. The record reflects that the district court considered…