Bermudez

*682 MEMORANDUM ***

Defendant-Appellant Alberto Bermudez, who pled guilty to illegal reentry after deportation, attacks his sentence on Booker grounds. Bermudez argues that the district court committed plain error in failing to consider — or, in the alternative, that defense counsel provided ineffective assistance of counsel by failing to raise — the possibility of a downward departure for cultural assimilation. We grant a limited remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005).

A. Bermudez Did Not Waive His Right to Appeal

The government argues that Bermudez has waived his right to challenge his sentence under the doctrine of invited error since the district court imposed the exact sentence that Appellant’s counsel sought. The doctrine of invited error prevents the review of a decision below for plain error, except in the most exceptional circumstances. United States v. Perez, 116 F.3d 840, 845 (9th Cir.1997) (en banc). The distinction between waiver and forfeiture is central to application of this doctrine. “Forfeiture is the failure to make a timely assertion of a right, whereas waiver is the ‘intentional relinquishment or abandonment of a known right.’ ”…