United States v. Julio Almazan-Becerra

MEMORANDUM

Julio Mmazan-Becerra appeals his seventy-month sentence following his conviction for illegal reentry under 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The Sentencing Guidelines calculation underlying Amazan-Becerra’s sentence included a sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(i) for a 1995 drug-trafficking conviction. The advisory Guidelines range was eighty-four to 105 months. The district court imposed a sentence fourteen months below the low end of the range.

Almazan-Becerra does not claim any procedural errors but contends only that his sentence is substantively unreasonable. Specifically, he contends that the district court should have given him an even lower below-Guidelines sentence because the 1995 conviction that triggered the sixteen-level Guidelines enhancement was old and minor.

The present conviction, however, was Al-mazan-Becerra’s third for illegal entry or reentry. In 2003, he was convicted on two counts of illegal entry and was sentenced to thirty months in custody. In 2004, he was convicted of illegal reentry and was sentenced to fifty-seven months in custody. After serving that sentence, he was…