Lomeli-Mences
United States v. Lomeli-Mences
Opinion
Opinion
Graber, J.
Defendant Hugo Armando Lomeli-Mences pleaded guilty to entering the United States after having been deported, in violation of 8 U.S.C. § 1326 (a) and (b)(2). On appeal, he raises two arguments challenging the district court’s calculation of his sentence under the United States Sentencing Guidelines (“U.S.S.G.”): (1) the district court abused its discretion in finding that his prior convictions for false imprisonment and false personation were not “related” for purposes of calculating his criminal history score; and (2) the district court erred in assessing criminal history points for those two offenses, because Defendant was sentenced for them after he committed the instant offense. We disagree with both contentions and affirm.
FACTUAL AND PROCEDURAL HISTORY
Defendant is a citizen of Mexico. On June 24, 1997, he was convicted in a Cali fornia state court of unlawful sexual intercourse, in violation of California Penal Code section 261.5. In 1998, Defendant was lawfully deported and removed from the United States. In September 1999, he reentered the United States without authorization.
According to the Presentence Report, on April 16, 2000, Defendant harassed his ex-girlfriend…