United States v. Hector Javier Ramirez-Sanchez

Hector Javier Ramirez-Sanchez appeals his sentence for a conviction of unlawful reentry of a deported alien, in violation of 8 U.S.C. § 1826 . Specifically, Ramirez-Sanchez contests the assignment of a criminal history point for “driving without an operator’s license in possession,” pursuant to U.S.S.G. § 4A1.2(c)(l), and to the application of two criminal history points for committing “the instant offense while under any criminal justice sentence,” pursuant to U.S.S.G. § 4Al.l(d). We have jurisdiction pursuant to 18 U.S.C. § 3742 (a)(2), and we AFFIRM.

In August 2001, Ramirez-Sanchez, a citizen of Mexico, illegally reentered the United States. He had previously been deported to Mexico on June 23, 2000; May 21, 2001; June 1, 2001; and on July 5, 2001. At sentencing, the district court determined that the offense of “driving without an operator’s license in possession,” justified an assignment of a criminal history point, pursuant to U.S.S.G. § 4A1.2(c)(1). Further, the district court found that Ramirez-Sanchez was under a criminal justice sentence at the time of this offense, and applied two additional criminal history points pursuant to U.S.S.G. § 4Al.l(d).

I.

Driving Without…