United States v. Ochoa-Oliva, No. 10-2250 (10th Cir. 2011)
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On the morning his trial was set to commence, Defendant Mario Ochoa-Olivas pled guilty to one count of illegal reentry to the United States. Using the Sentencing Guidelines, the district court calculated an advisory range of ninety-two to one hundred fifteen months' imprisonment. The court ultimately settled on an eighty-month term. Defendant appealed the sentence, arguing that the district court "double counted" points given to his criminal history, thus leading to an unreasonable sentence. In this case, the Tenth Circuit held that "[w]e are bound by precedent and cannot say that the district court abused its discretion" when it reviewed Defendant's sentence in light of the Sentencing Guidelines and his criminal history. The Court affirmed the district court's calculation of Defendant's sentence.
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