U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Janette Tellez-Lopez

United States v. Janette Tellez-Lopez
U.S. Court of Appeals for the Ninth Circuit · Decided October 27, 2011 · Trott, Gould, Rawlinson
455 F. App'x 779

United States v. Janette Tellez-Lopez

Opinion

MEMORANDUM **

Janette Ruby Tellez-Lopez appeals from the 62-month sentence imposed following her guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Tellez-Lopez contends that the district court procedurally erred by failing to ad *780 dress her non-frivolous argument for a downward departure or variance based on cultural assimilation and her difficulty adjusting to life in Mexico. This contention lacks merit as the record reflects that the district court considered Tellez-Lopez’s arguments and deviated downward from the Guidelines range based on her specific circumstances. See United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008) (defining plain error).

AFFIRMED.

**

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

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