United States v. Carrillo-Rodriguez, No. 11-1067 (10th Cir. 2011)
Annotate this CaseDefendant-Appellant Carrillo-Rodriguez pleaded guilty to the offense of illegal reentry after deportation subsequent to an aggravated felony conviction. At sentencing, he moved for a downward variance from the applicable United States Sentencing Guidelines (USSG) range based on the staleness of his prior felony. The district court declined to grant it, instead sentencing Defendant at the bottom of the applicable guidelines range. Defendant appealed his sentence, arguing that it was substantively unreasonable. Because the district court did not abuse its discretion in declining to grant Defendant's request for a downward variance, the Tenth Circuit affirmed the court's judgment.
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