United States v. Solis Ponce, No. 17-20329 (5th Cir. 2018)
Annotate this CaseDefendant appealed his guilty-plea conviction and sentence for illegal reentry after deportation following an aggravated felony conviction. The Fifth Circuit held that, to the extent defendant challenged the reliability of the presentence report's determination that he admittedly reentered the United States illegally on November 23, 2010, he has forfeited that argument by raising it for the first time in his reply brief. Even if the claim were not forfeited, the district court did not err by relying on defendant's admitted date of entry. The court also held that defendant's contention that his prior convictions should not have been used to enhance his sentence under USSG 2L1.2(b) was without merit, because defendant's prior convictions were within the requisite time period from his illegal reentry date in order to receive criminal history points under USSG 4A1.2(e)(1). Finally, the court held that defendant failed to show that the extent of the district court's downward departure based on the age of his 1996 conviction constituted an abuse of discretion.
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