United States of America v. Federico Roman

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FEDERICO ROMAN,
Defendant - Appellant.
No. 10-30341
D.C. No. 3:09-cr-00318-BR
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Anna J. Brown, District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Federico Roman appeals from the 46-month sentence imposed following his
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.
FILED
DEC 27 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30341 2
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. (“[D]istrict 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.

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