United States v. Alfredo Navarro-Garcia

Court of Appeals for the Ninth Circuit · 11-50076 · 2011-12-30 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Alfredo NAVARRO-GARCIA, Defendant-Appellant

Area: other
Panel: Alfred T. Goodwin (author), William T. Wallace, Mary M. McKeown

Analysis

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Opinion

FILED NOT FOR PUBLICATION DEC 30 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-50076 Plaintiff - Appellee, D.C. No. 3:10-cr-01470-BTM v. MEMORANDUM * ALFREDO NAVARRO-GARCIA, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Barry T. Moskowitz, District Judge, Presiding Submitted December 19, 2011 ** Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

Alfredo Navarro-Garcia appeals from the 30-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.

§ 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Navarro-Garcia contends that the district court misinterpreted Application Note 8 of U.S.S.G. § 2L1.2, erroneously depriving him of the cultural assimilation departure. He also contends that his sentence is substantively unreasonable. The district court did not procedurally err and Navarro-Garcia’s low-end Guidelines sentence is reasonable in light of the totality of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States, 552 U.S. 38, 51 (2007); United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008)

(“[W]e consider [Navarro-Garcia’s] contention that the district court erred when it denied his motion for a downward departure . . . to the extent that the denial implicates the overall reasonableness of [his] sentence.”).

AFFIRMED.

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