United States v. Jose Joaquin Chavez-Botello

Jose Joaquin Chavez-Botello entered a guilty plea to one count of being an alien in the United States after deportation in violation of 8 U.S.C. § 1326 . His sentencing range under the Sentencing Reform Act of 1984, as amended, 18 U.S.C. §§ 3551-3586 , was found to be nine to fifteen months. The district court sentenced Chavez-Botel-lo to a twenty-four month prison term. Chavez-Botello appeals.

We review the legality of a criminal sentence de novo. United States v. Marco L., 868 F.2d 1121, 1123 (9th Cir.), cert. denied, — U.S. -, 110 S.Ct. 369 , 107 L.Ed.2d 355 (1989). When reviewing departures from the sentencing guidelines, this court must determine first whether departure is permissible, and then whether the sentence imposed is unreasonable. See 18 U.S.C. § 3742 (d)(3); United States v. Michel, 876 F.2d 784, 786 (9th Cir.1989).

A court may impose a sentence outside the guideline range if “the court finds that there exists an aggravating or mitigating circumstance ... not adequately taken into consideration by the Sentencing Commission in formulating the guidelines.” 18 U.S.C. § 3553 (b). In sentencing Chavez-Botello, the district court stated the following reasons for upward…