United States v. Francisco Duarte-Sabori

MEMORANDUM

In these consolidated appeals, Francisco Javier Duarte-Sabori appeals from the 63-month sentence imposed following his guilty-plea conviction for re-entry after deportation, in violation of 8 U.S.C. § 1326 , and from the consecutive four-month sentence imposed following revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Duarte-Sabori contends that the district court erred by failing to explain its decision to deny a departure for cultural assimilation. He also contends that his sentence is substantively unreasonable in light of the 18 U.S.C. § 3553 (a) sentencing factors and the district court’s decision to impose a consecutive sentence for the supervised release violation. The district court did not procedurally err, and Duarte-Sabori’s below-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) and 3583(e). See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007); U.S.S.G. § 7B1.3(f) (recommending that a supervised release revocation sentence be ordered to be served consecutively to “any sentence of…