United States v. Luis Sanchez

MEMORANDUM

Luis Carlos Sanchez appeals from the 30-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Sanchez contends that the district court failed to explain its sentence adequately, in violation of 18 U.S.C. § 3553 (c) and United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc). The record reflects that the district court did not plainly err in its statement of reasons for the sentence imposed. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010).

Sanchez also argues that the district court erred by not granting a cultural assimilation departure and that his resulting sentence at the top of the advisory Sentencing Guidelines range is substantively unreasonable. The district court did not abuse its discretion by concluding that Sanchez’s repeated history of committing criminal indecent exposure after returning to the United States illegally warranted rejecting a cultural assimilation departure in his case. See U.S.S.G. § 2L1.2 cmt. n. 8 (cultural assimilation departure should only be considered where “such a…