Rosell-Fernandez

United States v. Rosell-Fernandez

Good Law
191 F. App'x 592
United States Court of Appeals for the Ninth CircuitJuly 26, 2006No. 05-50557California238 words

Opinion

Lead Opinion

*593 MEMORANDUM **

Peter Rosell-Fernandez appeals from the 60-month sentence imposed following his guilty plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 , and making a false claim to United States citizenship, in violation of 18 U.S.C. § 911 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Rosell-Fernandez contends that the district court erred in denying his motion for downward departure under U.S.S.G. § 5K2.13. We conclude that the district court did not err in determining that Rosell-Fernandez’s history of mental illness did not “significantly contribute” to his commission of the offense. See U.S.S.G. § 5K2.13.

Rosell-Fernandez contends that this case should be remanded to the district court to make a finding on his motion for downward departure based on cultural assimilation. The record establishes that the district court considered all of Rosell-Fernandez’s requests for departures and does not support his contention that the district court misunderstood its authority to grant them.

We review a sentence imposed after United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), for…

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