United States v. Jose Vasquez-Cruz

Jose Maria Vasquez-Cruz appeals from the 24-month prison sentence imposed following his conviction for illegal reentry in violation of 8 U.S.C. § 1326 (a). He argues that the district court procedurally erred by failing to analyze whether he was entitled to a downward departure from the applicable sentencing range under the U.S. Sentencing Guidelines and by failing to adequately explain the chosen sentence. He also argues that the district court imposed a substantively unreasonable sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

On December 15, 2010, the Bureau of Immigration and Customs Enforcement (“ICE”) investigated a report that a previously deported alien was residing unlawfully in Reno, Nevada. The investigation led ICE agents to Vasquez-Cruz, a citizen of Mexico who had previously been removed from the United States on four occasions. On June 3, 2011, Vasquez-Cruz pleaded guilty to unlawful reentry by a deported, removed, or excluded alien in violation of 8 U.S.C. § 1326 (a) without a plea agreement.

Taking into account Vasquez-Cruz’s five prior criminal convictions for burglary, battery, and battery on a police officer, the…