United States v. Guadalupe Rosales-Gonzales

Guadalupe Rosales-Gonzales appeals his 27-month sentence following his guilty plea and conviction for being a removed immigrant found in the United States. Rosales-Gonzales contends that the district court erred in not granting him a fast-track departure, which the parties jointly requested. We hold that the fast-track departure is purely discretionary, such that a joint request does not necessitate departure under the Guidelines. Because Rosales-Gonzales’s sentence was substantively reasonable, we affirm the sentencing and judgment.

I. Background

On February 4, 2014, U.S. Customs and Border Protection arrested Rosales-Gonzales as a removed immigrant found in the U.S. in violation of 8 U.S.C. § 1326 . The government filed a one-count information charging Rosales-Gonzales with violating 8 U.S.C. § 1326 . Rosales-Gonzales pled guilty to the charged violation pursuant to a written plea agreement. Under the terms of the plea agreement, the parties agreed to request jointly, among other recommendations, a four-level departure pursuant § 5K3.1 of the Sentencing Guidelines based on Rosales-Gonzales’s participation in a fast-track/early disposition program.

On June 9, 2014,…