United States v. Federico Roman

MEMORANDUM

Federico Roman appeals from the 46-month sentence imposed following his guilty-plea conviction for illegal reentry of a deported alien in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Roman contends that remand is required because it is unclear whether the district court recognized its discretion to vary from U.S.S.G. § 2L1.2 on policy grounds. See United States v. Henderson, 649 F.3d 955, 964 (9th Cir.2011). The record belies this contention. The district court considered Roman’s policy-based arguments, but did not find them persuasive. See id. (“[District courts are not obligated to vary from the ... Guidelines on policy grounds if they do not have, in fact, a policy disagreement with them.”).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provid ed by 9 th Cir. R. 36-3.