United States v. Alejo Cota-Guerrero

Alejo Cota-Guerrero appeals the sentence he received for possession of a firearm by a felon. The district court departed from the guidelines recommendation of four to ten months in confinement, and imposed a sentence of two years. We vacate the sentence and remand the case to the district court.

FACTS

Guerrero pled guilty to violating 18 U.S.C. § 922 (g), which prohibits a convicted felon from possessing a firearm. The guidelines rate this offense at level 7. The probation officer filed a presentence report which contained information on 31 prior arrests, resulting in 22 convictions. For various reasons, the guidelines excluded many of these incidents from the calculation of Guerrero’s criminal history score. Taking into account the eight remaining offenses, the probation officer assigned Guerrero a criminal history score of 6, which placed him in category III. The guidelines recommend a sentence of four to seven months for a level 7 offense by a category III criminal.

The district judge decided to depart from the guidelines recommendation. He explained his decision as follows:

Transcript of Sentencing Hearing, March 9, 1989, at 6-7.

Guerrero appeals under 18 U.S.C.…