Becerra-Cortez

MEMORANDUM **

Anastacio Becerra-Cortez appeals his 46-month sentence imposed after he pled *482 guilty to the offense of being an Alien in the United States after Deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review Becerra-Cortez’s 46-month sentence for reasonableness. United States v. Booker, 543 U.S. 220, 261 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). At the sentencing hearing, the district court weighed the Sentencing Guidelines range of 46 to 57 months and considered other 18 U.S.C. § 3553 (a) sentencing factors, noting that Becerra-Cortez’s prior drug conviction, multiple returns to the United States following deportations, and significant criminal history did not justify a sentence below the applicable Guidelines range.

The district court also considered Becerra-Cortez’s argument for a downward departure or variance from the Guideline range based on his concession of deportability. Becerra-Cortez first conceded at the sentencing hearing that his concession of deportability under the circumstances would not warrant a departure under prior Ninth Circuit precedent, but argued that a lower sentence was justified…