United States v. Sanchez-Valencia

Ramiro Sanchez-Valencia appeals his 66-month sentence for illegally re-entering the United States after being deported.

On appeal, Sanchez-Valencia argues that the district court erroneously believed that it did not have the authority to downwardly depart on the basis of cultural assimilation, and that such a departure was warranted.

This Court has held that a district court’s discretionary refusal to depart downward is not appealable, unless the refusal was based on an erroneous belief that the court did not have the statutory authority to depart from the guideline range. United States v.…