UNITED STATES of America, Plaintiff-Appellee, v. Roseli BANUELOS-RODRIGUEZ, AKA: Rogelio Banuelos-Rodriguez, Defendant-Appellant

Opinion by Judge PREGERSON; Dissent by Judge WEXLER.

PREGERSON, Circuit Judge:

Rogelio Banuelos-Rodriguez pled guilty to illegally reentering the United States after being deported, in violation of 8 U.S.C. § 1326. He was sentenced to a prison term of seventy months. At sentencing, he argued for a downward departure from the applicable range under the Sentencing Guidelines. He contended that he was entitled to downward departure because of a sentencing disparity that existed between the Central District of California and the Southern District of California for a violation of § 1326. He asserted…