United States v. Alejandro Burgos-Ortega

Defendant-Appellant Alejandro BurgosOrtega pled guilty to illegal re-entry in violation of 8 U.S.C. § 1326 and received a 46-month sentence. Burgos-Ortega challenges his sentence on appeal, arguing that 1) the district court erred when it applied a 12-level increase to his offense level based on a Washington State drug conviction; 2) the district court erred by basing its sentence on facts not in the record; and 3) his above-Sentencing Guidelines sentence was substantively unreasonable. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

I

Burgos-Ortega is a citizen of Mexico who crossed into the United States near the San Ysidro Port of Entry on November 19, 2012. Burgos-Ortega was arrested the next day and admitted that he was in the United States illegally. He later pled guilty to illegal re-entry in violation of 8 U.S.C. § 1326 (a) and (b).

Burgos-Ortega’s presentence report (“PSR”) calculated his Guidelines range as 18 to 24 months and recommended a 24-month sentence. This recommendation resulted from a base offense level of 8, a 12-level increase based on a prior drug trafficking offense, a 3-level decrease based on acceptance…