Ramirez-Bustamante

MEMORANDUM **

Manuel Ramirez-Bustamante appeals the 41-month sentence imposed following his guilty-plea conviction for reentry after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Ramirez-Bustamante contends that the district court erroneously determined that it lacked authority to depart from the Sentencing Guidelines for reduced mental capacity under § 5K2.13. Ramirez-Bustamante alleges that this error resulted from the district court’s failure to 1) consider factors other than his record of arrests and convictions, and 2) make a precise and fact-specific determination, as required by United States v. Cantu, 12 F.3d 1506, 1516 (9th Cir.1993). We review for abuse of discretion a district court’s decision regarding departure, see United States v. Davis, 264 F.3d 813, 815 (9th Cir.2001), and find none.

The district court’s consideration of Ramirez-Bustamante’s psychiatric reports, arguments from his counsel regarding future treatment, and Ramirez-Bustamante’s likely circumstances upon release from incarceration, satisfied any individualized determination requirement pursuant to Cantu. See…