Villasenor-Valdez

MEMORANDUM **

Trinidad Villasenor-Valdez pled guilty to illegally reentering the United States after having been deported following his conviction for an aggravated felony. At sentencing, he received a sixteen-level enhancement because of a prior conviction for statutory rape, but was granted an eight-level downward departure from the enhancement. The Government appeals from the court’s sentencing decision to grant a downward departure. It maintains that U.S.S.G. § 2L1.2(b)(l)(A) mandates the imposition of a sixteen-level enhancement. We affirm the sentencing decision, because the sentencing guidelines are not mandatory under United States v. Booker, — U.S. -, -, 125 S.Ct. 738, 757 , 160 L.Ed.2d 621 (2005).

Mr. Villasenor-Valdez pled guilty to illegally reentering the United States after having been deported following his conviction for an aggravated felony. At sentencing, he received a sixteen-level enhancement based on his prior conviction for statutory rape, a crime of violence. Mr. Villasenor-Valdez moved for a downward departure under U.S.S.G § 5k2.0. The Government opposed this motion, but the District Court granted an eight-level reduction. The Government challenges this…