FILED
NOT FOR PUBLICATION DEC 21 2011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. 11-10269
Plaintiff - Appellee, D.C. No. 4:10-cr-00470-SBA
v.
MEMORANDUM *
LUCIO LERMA-LOPEZ, a.k.a. Ramon
Corrales, a.k.a. Lucie Lena, a.k.a.
Guadalupe Lerma, a.k.a. Rucio Lerma,
a.k.a. Jose Lerman, a.k.a. Juan Lopez,
a.k.a. Guadalupe Pena,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Saundra B. Armstrong, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Lucio Lerma-Lopez appeals from the 33-month sentence imposed following
his guilty-plea conviction for illegal reentry following deportation, in violation of
*
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).
8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Lerma-Lopez contends that the district court procedurally erred by failing to
interpret correctly the cultural assimilation Guideline, U.S.S.G. § 2L1.2 cmt. n.8.
This argument fails because, in declining to grant the departure based on Lerma-
Lopez’s significant criminal and deportation history, the court showed a correct
understanding of the Guideline. See U.S.S.G. § 2L1.2 cmt. n.8 (cultural
assimilation downward departure should only be considered where it is “not likely
to increase the risk to the public from further crimes of the defendant”).
Lerma-Lopez also contends that his sentence is substantively unreasonable.
In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing
factors, the bottom-of-the-Guidelines sentence is substantively reasonable. See
Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 11-10269