United States v. Constantino Lopez-Leon

MEMORANDUM

Constantino Lopez-Leon appeals from the district court’s judgment and challenges the 24-month sentence imposed following his guilty-plea conviction for illegal entry, in violation of 8 U.S.C. § 1325 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lopez-Leon first contends that the government breached its promise in the plea agreement to recommend a four-level downward departure under U.S.S.G. § 5K3.1. Although the government initially filed a sentencing summary chart that mistakenly omitted the stipulated downward departure, the error was corrected before it ever came to the attention of the district court. In its sentencing memorandum and at sentencing, the government unequivocally stood by its recommendation in favor of the departure, and the district court granted the departure. Under these circumstances, we conclude that Lopez-Leon received the benefit of his bargain: “the presentation of a united front to the court.” United States v. Alcala-Sanchez, 666 F.3d 571, 575 (9th Cir.2012) (internal quotations omitted).

Lopez-Leon next contends that the district court procedurally erred by failing to consider his mitigating arguments, and by failing to…