United States v. Alamanza-Antuna

Defendant pleaded guilty to one count of illegal re-entry following deportation in violation of 8 U.S.C. § 1326(a). The district court denied defendants motion for a downward departure and sentenced him to seventy-seven months of incarceration, followed by thirty-six months of supervised release. The sentence calculation included a sixteen-level enhancement for defendants prior conviction of an aggravated felony. See 8 U.S.C. § 1326(b)(2); U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A) (USSG). Defendant now appeals, arguing that the district court erred (1) in denying his motion for a downward departure based on over-representation of his criminal history category, and (2) in enhancing his sentence based on a factor that was not charged in the indictment and to which he did not plead guilty.