United States v. Nino-Carreon, No. 17-11433 (5th Cir. 2018)Annotate this Case
The Fifth Circuit affirmed defendant's 50 month sentence after he pleaded guilty of illegal reentry after removal. The court held that, although defendant was correct that the district court erred in scoring three prior convictions, he failed to demonstrate that the error affected his substantial rights. In this case, the district court's statements substantiated that there was no reasonable probability that defendant's sentence would have been different had the district court used the correct guideline range of 21 to 27 months instead of 24 to 30 months.