U.S. v. Lua-Guizar

Dist. Ct. did not err in sentencing defendant to 46-month term of incarceration on charge of unlawful re-entry into U.S., even though defendant argued that he was entitled to downward adjustments based on his cultural assimilation into US and on fact that he was convicted in Dist. Ct. that did not have “fast-track” program that could have given him lighter sentence. Cultural assimilation adjustment is only proper if there was finding that defendant would not pose increased risk to public of committing additional crimes, and Dist. Ct. found that defendant posed high risk of returning to use of illegal drugs. Moreover, Dist. Ct. exercised its discretion when denying “fast-track” adjustment when it specifically found that instant within-guideline sentence was appropriate in light of defendant’s criminal history.