FILED
NOT FOR PUBLICATION DEC 27 2011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. 10-30341
Plaintiff - Appellee, D.C. No. 3:09-cr-00318-BR
v.
MEMORANDUM *
FEDERICO ROMAN,
Defendant - Appellant.
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.
*
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).
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.
2 10-30341