United States v. Hector Reina-Rodriguez

[I] Hector Reina-Rodriguez (“Reina-Rodriguez”) appeals his sentence of fifty- one months imprisonment following a conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326 . He argues that application of a sixteen-level enhancement under the United States Sentencing Guidelines (“Guidelines”) for his prior conviction in Utah was erroneous. He also argues that the district court’s sentence was unreasonable because it improperly considered, as a factor, that he did not plead guilty pursuant to a plea agreement. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and affirm.

FACTS

Reina-Rodriguez was found in Arizona after having been previously deported. He was indicted for illegal reentry in violation of 8 U.S.C. § 1326 . He pled guilty to the indictment without a plea agreement.

During his change of plea hearing, Rei-na-Rodriguez admitted that he had a prior felony conviction. He did not admit the type of conviction or that it was a crime of violence.

At the sentencing hearing, the district court had before it two documents regarding Reina-Rodriguez’s prior conviction. The first was the State’s charging document entitled…