United States v. Victor Leyva-Cabrera

U.S. Court of Appeals for the Ninth Circuit
United States v. Victor Leyva-Cabrera, 452 F. App'x 733 (9th Cir. 2011)

United States v. Victor Leyva-Cabrera

Opinion

MEMORANDUM **

Victor Manuel Leyva-Cabrera appeals from the 46-month sentence imposed fol *734 lowing his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1826. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Leyva-Cabrera contends that the district court erred by failing to consider his request for a downward departure based on cultural assimilation. The record reflects that the district court considered the request but concluded that Leyva-Cabre-ra’s cultural ties to the United States did not justify a downward departure from the Guidelines range. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).

Leyva-Cabrera also contends that the sentence imposed was greater than necessary to accomplish the statutory purposes of sentencing. The record reflects that the court carefully considered the 18 U.S.C. § 3553(a) sentencing factors, particularly the need to afford adequate deterrence and to protect the public, before concluding that the circumstances were insufficient to warrant a sentence below the advisory Guidelines range. Leyva-Cabrera’s sentence at the bottom of the Guidelines range is substantively reasonable under the totality of the circumstances and in light of the sentencing factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provid *734 ed by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Victor Manuel LEYVA-CABRERA, Defendant—Appellant
Status
Unpublished