Sotelo-Herrera

MEMORANDUM **

Teofilo Sotelo-Herrera appeals the sentence imposed on him after pleading guilty to violation of 8 U.S.C. § 1326 (a). We have Jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

1. Sotelo-Herrara argues that the district court erred in denying his request for a downward departure based on cultural assimilation. The record reflects that the district court acknowledged its authority to grant a downward departure but, in its discretion, declined to do so. We have no jurisdiction to review a district court’s discretionary denial of a downward departure request. United States v. Lipman, 133 F.3d 726, 729 (9th Cir.1998).

2. Sotelo-Herrara’s contention that he should not be considered to have been serving a criminal justice sentence pursuant to U.S.S.G. § 4Al.l(d) is foreclosed by United States v. Guzmartr-Bruno, 27 F.3d 420, 422-23 (9th Cir.1994). Under Guzmaro-Brwno, a violation of § 1326 continues so long as the alien remains in the country. Id. The date on which the alien is “found in” the United States is the appropriate…