Alvarado-Martinez

FACTS AND PROCEDURAL HISTORY

In June 2007, Alvarado-Martinez pleaded guilty to illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1326(a), (b)(2). A modified presentence- investigation report (“PIR”) recommended that the district court assign Alvarado-Martinez eighteen criminal-history points, which would place him in Criminal History Category VI under the United States Sentencing Guidelines. Eight of these criminal-history points were for four prior misdemeanor convictions that are disputed on appeal. The probation office included these convictions based on a “rap sheet” that it obtained from the CLETS.

Alvarado-Martinez objected to the PIR’s assignment of eight criminal-history points, which were based on the misde- meanor convictions. Alvarado-Martinez also offered an affi- davit, which indicated that, with the exception of the docket sheets, the district-court files in each of those cases had been destroyed. Alvarado-Martinez argued that because the files were unavailable, he should not be assessed criminal-history points on those convictions because the docket sheets in those cases, which had not been destroyed, do not contain informa- tion…