United States v. Alfredo Navarro-Garcia

MEMORANDUM

Alfredo Navarro-Garcia appeals from the 30-month sentence imposed following his guilty-plea conviction for being a deported 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.

Navarro-Garcia contends that the district court misinterpreted Application Note 8 of U.S.S.G. § 2L1.2, erroneously depriving him of the cultural assimilation departure. He also contends that his sentence is substantively unreasonable. The district court did not procedurally err and Navarro-Garcia’s low-end Guidelines sentence is reasonable in light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553 (a). See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); United States v. Dallman, 533 F.3d 755, 761 (9th Cir.2008) (“[W]e consider [Navarro-Garcia’s] contention that the district court erred when it denied his motion for a downward departure ... to the extent that the denial implicates the overall reasonableness of [his] sentence.”).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R.…