United States v. Roseli Banuelos-Rodriguez, Aka: Rogelio Banuelos-Rodriguez

Opinion by Judge GRABER; Dissent by Judge PREGERSON.

GRABER, Circuit Judge:

Defendant Rogelio Banuelos-Rodriguez pleaded guilty in the United States District Court for the Central District of California to illegally reentering the United States after having been deported, in violation of 8 U.S.C. § 1326. At sentencing, Defendant argued for a downward departure from the applicable Sentencing Guideline range on the ground that, had he been arrested in one of the other federal districts in California, he would have been offered a plea bargain that, in turn, would have resulted in a shorter prison…