Ceja-Lopez

MEMORANDUM **

Salvador Ceja-Lopez appeals the fifty-seven month prison sentence imposed pursuant to his plea of guilty to illegal reentry after deportation under 8 U.S.C. § 1326 (a) with a sentencing enhancement under 8 U.S.C. § 1326 (b)(2). He argues that the district court (1) failed to resolve a factual dispute regarding findings in the pre-sentence report in violation of Federal Rule of Criminal Procedure 32, (2) erroneously added three criminal history points based upon findings that were supported by a preponderance of the evidence rather than proved beyond a reasonable doubt, and (3) imposed an unreasonable sentence as a result of its failure to consider properly the sentencing factors under 18 U.S.C. § 3553 and to grant him a downward departure for cultural assimilation.

Ceja-Lopez did not challenge the accuracy of any factual finding in the presentence report. District courts may rely on undisputed findings in a pre-sentence report; it is only when a defendant raises an objection that a court is required under Federal Rule of Criminal Procedure 32 to resolve the purported dispute. United States v. Ameline, 409 F.3d 1073,1085 (9th Cir.2005) (en banc). Because no factual…