Montalvo-Villa

MEMORANDUM ***

Rogelio Montalvo-Villa pled guilty to a one-count indictment charging him with violating 8 U.S.C. § 1326 by being an illegal alien found in the United States following deportation. Montalvo-Villa appeals the district court’s imposition of a 57-month sentence. We have jurisdiction under 28 U.S.C. § 1291 . We review a district court’s imposition of a sentence to determine whether it was reasonable. United States v. Booker, 543 U.S. 220, 260-61 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). We affirm the district court’s decision to impose a 57-month sentence.

The district court adequately considered Montalvo-Villa’s family responsibilities and reasonably determined that they were not unusual compared to the ordinary case where the primary provider will be incarcerated and unable to support his family. Cf. United States v. Klimavicius-Viloria, 144 F.3d 1249, 1267 (9th Cir.1998) (holding that downward departures for family responsibilities are only appropriate “if the factor is present to an exceptional degree or in some other way makes the case different from the ordinary case where the factor is present”).

The district court considered Montalvo-Villa’s cultural…