United States v. Mario Moreno-Hernandez

Mario Moreno-Hemandez appeals his sentence following his convictions for conspiracy to transport aliens, in violation of 18 U.S.C. § 371 (count 1); two counts of transporting illegal aliens, in violation of 8 U.S.C. § 1324 (a)(1)(B) (counts 2 and 3); and being an alien found in the United States after a felony conviction and subsequent deportation, in violation of 8 U.S.C. § 1326 (b)(1) (count 4). He contends the district court improperly enhanced his sentence on count 4 based on the fact that he reentered the United States after having been deported following conviction of an aggravated felony. He contends this offense was neither charged nor proved at trial. He also challenges the district court’s order that his previously concurrent sentences run consecutively. Finally, he argues that his sentences on counts 1-3 should be reduced because they exceed the United States Sentencing Guidelines (the guidelines) range applicable to those crimes.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTUAL BACKGROUND

Moreno-Hernandez was tried by a jury and convicted on all four counts. The district court originally sentenced him to 60 months imprisonment on each of…