United States v. Adrian Waldo-Ramirez , 464 F. App'x 656 ( 2011 )


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  •                                                                             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    NOT FOR PUBLICATION                              DEC 30 2011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. 11-50180
    Plaintiff - Appellee,             D.C. No. 3:10-cr-04488-GT
    v.
    MEMORANDUM *
    ADRIAN WALDO-RAMIREZ,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Southern District of California
    Gordon Thompson, Jr., District Judge, Presiding
    Submitted December 19, 2011 **
    Before:        GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
    Adrian Waldo-Ramirez appeals from the 21-month sentence imposed
    following his 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.
    *
    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).
    Waldo-Ramirez first contends that the district court erred in calculating the
    applicable Guidelines range in that it improperly denied a downward departure for
    cultural assimilation. This argument fails because “it is the pre-departure
    Guidelines sentencing range that the district court must correctly calculate.”
    United States v. Evans-Martinez, 
    611 F.3d 635
    , 643 (9th Cir. 2010) (emphasis
    added). In any event, in light of Waldo-Ramirez’s criminal history, the court did
    not err in denying the departure. See U.S.S.G. § 2L1.2 cmt. n.8.
    Waldo-Ramirez next contends that his sentence is substantively
    unreasonable in view of his cultural assimilation. In light of the totality of the
    circumstances and the 
    18 U.S.C. § 3553
    (a) sentencing factors, Waldo-Ramirez’s
    within-Guidelines sentence is substantively reasonable. See Gall v. United States,
    
    552 U.S. 38
    , 51 (2007); United States v. Rodriguez-Rodriguez, 
    441 F.3d 767
    , 770
    (9th Cir. 2006).
    AFFIRMED.
    2                                     11-50180
    

Document Info

Docket Number: 11-50180

Citation Numbers: 464 F. App'x 656

Judges: Goodwin, McKEOWN, Wallace

Filed Date: 12/30/2011

Precedential Status: Non-Precedential

Modified Date: 8/5/2023