United States of America v. Alfredo Navarro-Garcia

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NOT FOR PUBLICATION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.
ALFREDO NAVARRO-GARCIA,
Defendant - Appellant.
No. 11-50076
D.C. No. 3:10-cr-01470-BTM
MEMORANDUM*
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.
FILED
DEC 30 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50076 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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