United States v. Pablo Alvarez

Defendant Pablo Alvarez and a co-defendant were arrested by Border Patrol officers while transporting aliens who were in the United States illegally. Alvarez wás driving his own Chevrolet, and his co-defendant was driving a Ford that Alvarez had rented. Border Patrol officers had set up spike strips along the road on which Alvarez and his co-defendant were traveling, and when Alvarez hit the spikes and came to an abrupt halt, Alvarez’s co-defendant was unable to stop the Ford before it crashed into the Chevrolet. The crash caused significant damage to the rental car.

Alvarez, pleaded guilty to transportation of aliens in the United States illegally in exchange for the government’s promise to recommend a custodial term on the low end of the sentencing guideline range and a special assessment fee of $100.00. The plea agreement did not provide for restitution, but the presentenee report recommended that Alvarez be required to pay for the cost of repairing the rental car. At his sentencing hearing, Alvarez acknowledged responsibility for the damage to the rental car and accepted his responsibility to pay restitution for the damage. Later, however, Alvarez changed his…