United States v. Victor Leyva-Cabrera

MEMORANDUM

Victor Manuel Leyva-Cabrera appeals from the 46-month sentence imposed fol lowing his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1826 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Leyva-Cabrera contends that the district court erred by failing to consider his request for a downward departure based on cultural assimilation. The record reflects that the district court considered the request but concluded that Leyva-Cabre-ra’s cultural ties to the United States did not justify a downward departure from the Guidelines range. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

Leyva-Cabrera also contends that the sentence imposed was greater than necessary to accomplish the statutory purposes of sentencing. The record reflects that the court carefully considered the 18 U.S.C. § 3553 (a) sentencing factors, particularly the need to afford adequate deterrence and to protect the public, before concluding that the circumstances were insufficient to warrant a sentence below the advisory Guidelines range. Leyva-Cabrera’s sentence at the bottom of the Guidelines range is substantively reasonable under…