United States v. Daniel Cervantes Lucatero

Cervantes-Lucatero pled guilty to being an illegal alien in the United States after deportation. His presentence report, prepared as required by the Sentencing Reform Act, 18 U.S.C. § 3552 , gave Cervantes-Lueatero a total offense level of six and a criminal history rating of IV and recommended he receive a sentence of six to twelve months. The district court departed upward from this recommendation and sentenced Cervantes-Lucatero to twenty-four months. Cervantes-Lucatero appeals his sentence.

We review the legality of a criminal sentence de novo. United States v. Marco L., 868 F.2d 1121, 1123 (9th Cir.1989). The sentencing court may impose a sentence that departs from the sentencing guidelines, but the guidelines “are a comprehensive set of rules that are designed to limit the sentencing court’s discretion,” United States v. Nuno-Para, 877 F.2d 1409, 1412 (9th Cir.1989), and contemplate departure “only in the unusual case,” id. at 1413 (citing Sentencing Guidelines) ch. 1, Part A, Introduction 4(b) see United States v. Uca, 867 F.2d 783, 787 (3d Cir.1989) (legislative history of Sentencing Reform Act “repeatedly state[s] that departures are to be the exception, not the rule”)…