United States v. Carmen Oliva

MEMORANDUM

Carmen Guadalupe Oliva appeals from the 48-month sentence imposed by the district court following her guilty-plea conviction for attempted illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . The district court’s Sentencing Guidelines calculation included a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) based upon a prior deportation subsequent to a drug trafficking conviction for which the sentence exceeded 13 months.

Oliva challenges her sentence on procedural grounds arguing the district court failed to sua sponte acknowledge its discretion to vary from the Guidelines based on a policy disagreement that the enhancement lacks an empirical basis and is not an accurate measure of the gravity of the underlying offense, and by failing to adequately explain the reasons for its sentence. Oliva also challenges the substantive reasonableness of the sentence. As the facts and procedural history are familiar to the parties, we recite them here only to the extent necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court properly calculated the advisory Guidelines range, considered the…