United States v. Lucio Lopez

MEMORANDUM

Lucio Lerma-Lopez appeals from the 33-month sentence imposed following his guilty-plea conviction for illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lerma-Lopez contends that the district court procedurally erred by failing to interpret correctly the cultural assimilation Guideline, U.S.S.G. § 2L1.2 cmt. n. 8. This argument fails because, in declining to grant the departure based on Lerma-Lo-pez’s significant criminal and deportation history, the court showed a correct understanding of the Guideline. See U.S.S.G. § 2L1.2 cmt. n. 8 (cultural assimilation downward departure should only be considered where it is “not likely to increase the risk to the public from further crimes of the defendant”).

Lerma-Lopez also contends that his sentence is substantively unreasonable. In light of the totality of the circumstances and the 18 U.S.C. § 3553 (a) sentencing factors, the bottom-of-the-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).

AFFIRMED.

This disposition is not appropriate for publication and is…