United States v. Vasquez-Alcarez, No. 10-1325 (10th Cir. 2011)
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Defendant Ramon Vasquez-Alcarez pled guilty to illegally reentering the United States after he was deported for an aggravated felony conviction. He was sentenced to 27 months' imprisonment, which fell at the low end of the Sentencing Guidelines range. The sentence reflected an enhancement for Defendant's 1995 cocaine trafficking conviction. On appeal, Defendant argued that the district court placed too much weight on the 1995 conviction because it was stale. Therefore, Defendant challenged his sentence as substantively unreasonable. After this appeal was filed, the Sentencing Commission proposed an amendment to the Sentencing Guidelines that, had it been in effect at the time of Defendant's sentence, would have resulted in a lower level enhancement. Defendant contended that the proposed amendment helped his argument that the sentence he received was unreasonable. Upon review of the amendment and the district court's record, the Tenth Circuit was not persuaded by Defendant's argument. The Court found that the district court did not err or abuse its discretion by handing Defendant a 27-month sentence. Accordingly, the Court affirmed Defendant's sentence.
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