Nolasco-Tellez
United States v. Nolasco-Tellez
Opinion
Lead Opinion
*641 MEMORANDUM ***
Oscar Nolasco-Tellez (“Appellant”) appeals the sentence imposed by the district court following entry of his guilty plea for illegal reentry after deportation in violation of 8 U.S.C. § 1826 . The judgment of the district court is affirmed.
On or about June 28, 2005, San Diego police officers stopped Appellant for riding a bicycle without lighting equipment after dark. After ascertaining that Appellant had no right to legally remain in the United States, the police officers turned Appellant over to the United States Border Patrol. Appellant confessed to Border Patrol agents that he had previously been deported and had no legal right to remain in the United States. In fact, along with other felony and misdemeanor convictions, Appellant had four prior felony convictions for immigration violations.
Appellant pleaded guilty to being a deported alien found in the United States, his fifth conviction for violating 8 U.S.C. § 1326 . At the sentencing hearing, the district court sentenced Appellant to 63 months of incarceration and three years of supervised release.
Appellant filed this appeal through counsel, claiming that the district court imposed an unreasonable…