Galindo

*736 MEMORANDUM **

Lauryn Galindo (Galindo) appeals her eighteen-month sentence resulting from guilty pleas to conspiracy to commit visa fraud, conspiracy to commit money laundering, and structuring currency transactions. The district court sentenced Galindo to three concurrent eighteen-month terms, within the initial Guidelines range for visa fraud and money laundering but above the range for the structuring charge.

Galindo contends that the eighteen-month sentence on the structuring charge was an upward departure because it exceeded the relevant Guidelines range. Galindo is mistaken. The Guidelines instruct courts to group the charges, U.S.S.G. § SD1.2(c), (d) (2004), and apply the highest offense level, U.S.S.G. § 3D1.3. In this case the underlying offenses of visa fraud and money laundering, as adjusted, carried a sentencing range of eighteen to twenty-four months. Galindo was sentenced at the bottom of the applicable range.

Because the district court sentenced Galindo under a mandatory Guidelines regime and because it cannot be determined on this record whether the sentence would have been materially different had the court treated the Guidelines as advisory, a limited…