United States v. Ochoa-Tovali, No. 11-2018 (10th Cir. 2011)
Annotate this CaseDefendant Crescencio Ochoa-Tovali pled guilty to reentering the United States as a previously removed alien in violation of federal law. He was sentenced to 57 months' imprisonment. This sentence reflected Defendant's criminal history that included a 1995 robbery conviction and a 1993 probation revocation. On appeal, Defendant argued that the district court weighed too heavily his 1993 and 1995 offenses and weighed too lightly his reason for reentering the United States. Defendant challenged his sentence as substantively unreasonable. Upon careful consideration of the lower court's record, as well as Defendant's criminal history, the Tenth Circuit found the sentence was not substantively unreasonable. The Court affirmed Defendant's sentence.
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