United States v. Cardenas-Mireles, No. 11-2138 (10th Cir. 2011)
Annotate this CaseDefendant-Appellant Juan Manuel Cardenas-Mireles pled guilty to the offense of illegal reentry after deportation. At sentencing, he moved for a downward variance notwithstanding an adult criminal record involving 44 convictions and four deportations. The district court denied the motion, instead sentencing Defendant at the top of the applicable guidelines range. Defendant appealed his sentence on two grounds: (1) the district court committed procedural error by relying on an impermissible sentencing rationale to lengthen his sentence (namely, that remaining incarcerated was in Defendant's own best interests due to his health and mental state); (2) his sentence is substantively unreasonable. Finding that the district court did not abuse its discretion in sentencing Defendant to a sentence within the guidelines, the Tenth Circuit affirmed the district court's decisions.
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