United States v. Valenzuela-Carrillo

MEMORANDUM ** Albertico Valenzuela-Carrillo appeals the sentence imposed following his guilty plea to illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a), with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2). Valenzuela-Carrillo contends that the case should be remanded for resentencing because Valenzuela-Carrillo never requested a downward departure based on the minor nature of the aggravated felony that triggered a sentence enhancement under U.S.S.G. § 2L1.2(b)(l)(A). He maintains that the district court’s failure to consider a downward departure on that ground constituted plain error. We deem the request for a downward departure on that ground waived because of Valenzuela-Carrillo’s acknowledged failure to make the request in the district court. United States v. Quesada, 972 F.2d 281, 283-84 (9th Cir.1992). Because Valenzuela-Carrillo raises no other arguments, this appeal is DISMISSED. Footnotes [**] This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.