United States v. Jose Hernandez-Vasquez

Jose Hernandez-Vasquez was arrested after a high-speed chase. He pled guilty and was convicted of transporting illegal aliens under 8 U.S.C. § 1324 (a)(1)(B). The district court sentenced him to a term of 24 months, an 8-month-upward departure from the maximum sentence calculated under the Sentencing Guidelines. Hernandez appeals. Because we find that the court relied on improper factors in departing from the guidelines, we vacate the sentence and remand for immediate resentencing.

The district court relied on three factors to justify departing from the guidelines: the high-speed chase during apprehension of the defendant, Hernandez-Vasquez’ pri- or criminal record, and his obstruction of justice by repeatedly using an alias before the court. Hernandez-Vasquez argues that these factors do not support an enhancement of his sentence determined under the United States Sentencing Commission Guidelines Manual. The government responds that the district court is not limited in the factors it may consider in imposing sentence. The government argues that the sentence imposed on Hernandez-Vasquez is reasonable and should be affirmed. We reject the government’s arguments.

The guidelines…