Lechuga-Romero

MEMORANDUM **

Püar Adrian Lechuga-Romero appeals his forty-six month sentence imposed following a guüty plea to illegal re-entry into the United States, in violation of 8 U.S.C. § 1326 . We dismiss in part, and remand in part.

Lechuga contends that the district court erroneously determined that, by arguing for a downward departure from the Sentencing Guidelines based upon cultural assimüation, Lechuga fañed to invoke a cognizable departure provision. This argument lacks merit.

The district court entertained arguments from the parties regarding the de *248 parture motion; its comment that Lechuga failed to provide the court with a citation to any specific departure provision is insufficient to support Lechuga’s contention that the district court failed to recognize cultural assimilation as a valid basis for departure under the Sentencing Guidelines.

To the extent that Lechuga also argues that the district court erroneously determined that it lacked discretion to depart downward from the Sentencing Guidelines based upon cultural assimilation, that argument is also belied by the record.

The government did not challenge the district court’s authority to depart on the basis of…