Garcia-Sedano
United States v. Garcia-Sedano
Opinion
Lead Opinion
MEMORANDUM **
Ramon Garcia-Sedano appeals the 63-month sentence imposed following his guilty plea to being an alien found in the United States after deportation, in violation of 8 U.S.C. § 1326 . He contends that the district court erred in denying his motion for a downward departure and in imposing a sentence above the two-year statutory maximum of 8 U.S.C. § 1326 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
“We ... treat the scheme of downward and upward ‘departures’ as essentially replaced by the requirement that judges impose a ‘reasonable’ sentence.” United States v. Mohamed, 459 F.3d 979, 986 (9th Cir.2006). We view the district court’s decision not to deviate from the applicable advisory guidelines range as an exercise of the district court’s discretion, and we review for reasonableness. Id. at 987 . The Sentencing Guidelines provide that “[a] downward departure may be warranted if (1) the defendant committed the offense while suffering from a significantly reduced mental capacity; and (2) the significantly reduced mental capacity contributed *464 substantially to the commission of the offense.” U.S.S.G. § 6K2.1S, p.s.