United States v. Pedro Ramirez-De Rosas

Appeal from sentence imposed in excess of sentencing commission guidelines. Affirmed.

BACKGROUND

At approximately 2:30 a.m., February 10, 1988, Ramirez drove a van through the San Clemente checkpoint into the United States. An agent motioned him to stop. Ramirez slowed as if to stop but then accelerated northbound on 1-5 away from the checkpoint.

Emergency lights and sirens on, border patrol agents gave chase. Ramirez fled at speeds of 80 to 95 miles per hour. Thirty miles from the border, his attempt to outrun the agents failing, Ramirez left the vehicle. Four undocumented aliens were arrested in the van; another was apprehended after a 200-yard foot chase. An Irvine Police Department canine unit tracked and finally apprehended Ramirez.

Ramirez pleaded guilty to illegal transportation of aliens, 8 U.S.C. § 1324 . Judge Enright, departing from federal sentencing guidelines, sentenced him to 30 months in custody, to be followed by two years of supervised release. The maximum sentence provided for by statute is incarceration for five years (60 months). 8 U.S.C. § 1324 (a).

Sentencing Considerations

The guideline sentence for Ramirez’s offense is zero to four months. Because of…