United States v. Federico Roman

U.S. Court of Appeals for the Ninth Circuit
United States v. Federico Roman, 464 F. App'x 574 (9th Cir. 2011)
Goodwin, Wallace, McKeown

United States v. Federico Roman

Opinion

MEMORANDUM **

Federico Roman appeals from the 46-month sentence imposed following his *575 guilty-plea conviction for illegal reentry of a deported alien in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Roman contends that remand is required because it is unclear whether the district court recognized its discretion to vary from U.S.S.G. § 2L1.2 on policy grounds. See United States v. Henderson, 649 F.3d 955, 964 (9th Cir. 2011). The record belies this contention. The district court considered Roman’s policy-based arguments, but did not find them persuasive. See id. (“[District courts are not obligated to vary from the ... Guidelines on policy grounds if they do not have, in fact, a policy disagreement with them.”).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provid *575 ed by 9 th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Federico ROMAN, Defendant-Appellant
Status
Unpublished