United States v. Talamantes

Carlos Talamantes pleaded guilty to unlawful re-entry after removal following an aggravated felony conviction in violation of 8 U.S.C. §§ 1326(a) and (b)(2). The plea agreement recited the parties belief "that a sixteen (16) level increase is applicable" under U.S.S.G. § 2L1.2(b)(1)(A) due to his prior felony drug conviction, and that Talamantes would seek a downward departure or variance. Adopting without objection the recommendations of the Presentence Investigation Report, the district courtdetermined a total offense level of 21 and a criminal history category of VI, resulting in an advisory guidelines sentencing range of 77 to 96 months. The court denied a requested downward departure under U.S.S.G. § 4A1.3 and, after considering defense counsels arguments for a downward variance and the sentencing factors set forth in 18 U.S.C. § 3553(a), sentenced Talamantes to 77 months in prison, the bottom of the advisory guidelines range. Talamantes appeals, arguing that the court abused its discretion by imposing a substantively unreasonable sentence.