United States of America v. Janette Ruby Tellez-Lopez

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. Appellant. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JANETTE RUBY TELLEZ-LOPEZ,
Defendant - Appellant.
No. 10-50241
D.C. No. 3:09-cr-02357-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Janette Ruby Tellez-Lopez appeals from the 62-month sentence imposed
following her 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.
FILED
OCT 27 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50241 2
Tellez-Lopez contends that the district court procedurally erred by failing to
address her non-frivolous argument for a downward departure or variance based on
cultural assimilation and her difficulty adjusting to life in Mexico. This contention
lacks merit as the record reflects that the district court considered Tellez-Lopez’s
arguments and deviated downward from the Guidelines range based on her specific
circumstances. See United States v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008)
(defining plain error).
AFFIRMED.

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