Opinion
No. 10-50241 D.C. No. 3:09-cr-02357-BEN
10-27-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JANETTE RUBY TELLEZ-LOPEZ, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
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.
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.