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US v. Garcia-Jimenez, No. 09-50304

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By FindLaw Staff on October 12, 2010 2:28 PM

Sentence for Reentry After Deportation Affirmed

In US v. Garcia-Jimenez, No. 09-50304, the court affirmed defendant's sentence following his guilty plea to one count of being an illegal alien found in the U.S. after deportation where the district court properly: 1) calculated defendant's criminal history category under the Sentencing Guidelines, adding two criminal history points under U.S.S.G. section 4A1.1(d), which requires additional points "if the defendant committed the instant offense while under any criminal justice sentence, including . . . parole"; and (2) added one criminal history point under U.S.S.G. section 4A1.1(e), which requires additional points "if the defendant committed the instant offense less than two years after release from imprisonment on a sentence counted under [U.S.S.G. section 4A1.1](a)."

As the court wrote:  "Defendant-Appellant Robert Garcia-Jimenez ("Garcia"), a native and citizen of Mexico, appeals the thirty-seven-month sentence imposed by the district court following his guilty plea to one count of being an illegal alien found in the United States after deportation, in violation of 8 U.S.C. § 1326(a) and (b)(2). Garcia argues that the district court committed two errors when it calculated his criminal history category under the United States Sentencing Guidelines ("U.S.S.G."): (1) adding two criminal history points under U.S.S.G. § 4A1.1(d), which requires additional points "if the defendant committed the instant offense while under any criminal justice sentence, including ․ parole"; and (2) adding one criminal history point under U.S.S.G. § 4A1.1(e), which requires additional points "if the defendant committed the instant offense less than two years after release from imprisonment on a sentence counted under [U.S.S.G. § 4A1.1](a)."

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