United States v. Rey Garcia

Appellant Rey Garcia appeals his sentence of five (5) years’ imprisonment for his numerous probation violations. Garcia argues that the district court failed to provide adequate notice of its intent to depart upward from the Sentencing Guidelines and failed to properly consider the policy statements of Chapter 7 of the Guidelines. For the reasons set forth below, we affirm.

BACKGROUND

On March 22, 1999, after pleading guilty to felony escape in violation of 18 U.S.C. § 751 (a), Garcia was sentenced to five (5) years’ probation. At the sentencing hearing, the judge warned Garcia, “... I can and will depart upward, if you come back here again.” The judge repeated his warning by advising Garcia, “As I say, if you come back here you violate, I’m going to give you the maximum sentence.”

On July 21, 2000, the district court issued an order to show cause (“OSC”) why Garcia’s probation should not be revoked for numerous violations and issued a warrant for Garcia’s arrest. On June 6, 2001, a second amended OSC was submitted which contained revised allegations of violations, as well as a sentencing recommendation of 30 months. The alleged violations- included armed robbery,…