United States v. Felipe Gonzalez-Alvarez

MEMORANDUM

Defendant-Appellant Felipe Gonzalez-Alvarez (“Gonzalez-Alvarez”), a native and citizen of Mexico, pled guilty to a one-count information charging him with being present in the United States unlawfully after removal, in violation of 8 U.S.C. § 1326 . The sentencing judge calculated his total offense level to be 9 with a criminal history category VI, resulting in a Sentencing Guidelines range of 21 to 27 months of imprisonment. Gonzalez-Alvarez challenges his above-Guidelines sentence of 60 months incarceration followed by 3 years supervised release. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and now affirm.

1. Gonzalez-Alvarez’s sentence of 60 months incarceration is less than the statutory maximum of 240 months, but 33 months above the maximum recommended by the federal Sentencing Guidelines. The Guidelines, however, are only advisory. Gall v. United States, 552 U.S. 38, 45-46 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007). As directed by 18 U.S.C. § 3553 (a), the sentencing judge weighed several factors, including the Guidelines, Gonzalez-Alvarez’s prolific criminal history, which features nearly fifty separate convictions over the span of two…