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

United States v. Salvador Sanchez-Miranda

United States v. Salvador Sanchez-Miranda
U.S. Court of Appeals for the Ninth Circuit · Decided October 27, 2011 · Trott, Gould, Rawlinson
455 F. App'x 780

United States v. Salvador Sanchez-Miranda

Opinion

MEMORANDUM **

Salvador de Jesus Sanchez-Miranda appeals from the 77-month sentence imposed following his jury-trial 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.

Sanchez-Miranda contends that his below-Guidelines sentence is unreasonable because the district court failed to grant a downward departure based on his cultural assimilation and reasons for reentering the United States. The record reflects that the district court considered Sanchez-Miranda’s cultural assimilation and motivations for reentering, and imposed a sentence that is substantively reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. See Gall v. United States, 552 U.S. 38, 51-52, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

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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