United States v. Bernardo Deleon-Torres

MEMORANDUM

Bernardo Deleon-Torres appeals from the 72-month sentence imposed following his bench-trial conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Deleon-Torres contends that the district court erred in calculating the applicable Guidelines range in that it improperly denied a downward departure for cultural assimilation. This argument fails because “it is the pre-departure Guidelines sentencing range that the district court must correctly calculate.” United States v. Evans-Martinez, 611 F.3d 635, 643 (9th Cir. 2010). In any event, in light of Deleon-Torres’s criminal history, the court did not err in denying the departure. See U.S.S.G. § 2L1.2 cmt. n. 8.

Deleon-Torres also contends that his sentence is substantively unreasonable in light of his cultural assimilation. The below-Guidelines sentence is substantively reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553 (a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007).

Finally, Deleon-Torres concedes that his contentions that…