United States v. Jerry Cruz-Lopez

MEMORANDUM

Jerry Luis Cruz-Lopez appeals his above-Guidelines sentence of 36 months’ imprisonment for using false documents to obtain entry into the United States in violation of 18 U.S.C. § 1546 (a). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

The United States charged Cruz with unlawful entry after deportation in violation of 8 U.S.C. §§ 1326 (a) and (b). It then filed a superseding information charging Cruz with using false documents to obtain entry in violation of 18 U.S.C. § 1546 (a). Cruz pled guilty to the § 1546(a) charge.

A probation officer prepared a presentence report detailing Cruz’s lengthy criminal and immigration history. Cruz had 21 criminal history points, which translated to a criminal history category of VI — the highest in the U.S. Sentencing Guidelines table. U.S.S.G. Ch. 5, Pt. A. The Guidelines’ recommended range of imprisonment was 18 to 24 months. See U.S.S.G. § 2L2.2. The presentence report then addressed “factors that may warrant departure.” It noted that Cruz “was originally charged with a violation of 8 U.S.C. § 1326 , and had he been convicted of that offense, his guideline range of imprisonment would have been 77 to 96 months.” In…