Cruz-Perez
United States v. Cruz-Perez
Opinion
Opinion
Tallman, J.
Defendant-Appellant Rene Cruz-Perez (“Cruz-Perez”), a citizen of Mexico, appeals his 48-month sentence after his conviction for illegal reentry into the United States following a prior deportation. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
I
Cruz-Perez entered a plea of guilty in the Eastern District of Washington to a single count of being an alien in the United States after deportation in violation of 8 U.S.C. § 1326 . In doing so, he acknowledged that the statutory maximum sentence was 20 years and that the district court was not bound by the advisory Sentencing Guidelines (“Guidelines”). This is his third conviction for the same federal offense. Cruz-Perez has been deported from the United States on three previous occasions, and he has two prior federal convictions for illegally reentering the United States — one in the Western District of Washington and one in the District of Montana — for which he served two separate 24-month sentences.
A presentence investigation report (“PSR”) was prepared and circulated to the parties. The PSR calculated an adjusted offense level of 17, which included an enhancement based on a prior California state drug…