United States v. Angel Garcia-Gomez

Angel Garcia-Gomez (“Garcia”) was convicted on a plea of guilty of being an alien “found in” the United States after deportation. See 8 U.S.C. § 1326 . The district court sentenced him to 46 months’ imprisonment. In calculating the sentence, the judge included a 16-point increase of Garcia’s offense level and a three-point increase of his criminal history score because of his prior conviction and 31-month sentence for delivery of cocaine. The court also included a one-point increase in Garcia’s criminal history score for his prior conviction and 90-day jail term for “Third Degree Driving While License Suspended” and “Refus[al] to Give Information / Cooperate.” On appeal, Garcia argues that the court erred in taking his entire 31-month sentence into account in calculating his criminal history category and offense level because he was sent to a “work ethic camp” program where he earned three days’ credit for each day served and he was released after being in custody for less than eight months. He also contends that the court erred in denying him a downward departure on the ground that his criminal history was overstated. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18…