United States v. Benitez-De Los Santo, No. 10-3263 (8th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to illegal reentry into the United States after deportation and the district court applied a twelve-level specific offense characteristic to defendant's advisory sentencing guideline range pursuant to U.S.S.G. 2L1.2(b)(1)(B), sentencing him to 30 months imprisonment. Defendant appealed his sentence. The court held that the Report-Indeterminate Sentence was a reliable and accurate judicial record on which a court could rely. The court also held that the district court did not err in applying the enhancement where a precisely drawn charging document established that the basis for defendant's prior conviction was possession of heroin for sale, undisputedly a drug trafficking offense under U.S.S.G. 2L1.2(b)(1)(B). The court further held that the district court did not abuse its discretion in sentencing defendant within the guideline range and where the district court considered all necessary factors.
Court Description: Criminal Case - sentence. Applying twelve-level specific offense characteristic under Guidelines section 2L1.2(b)(1)(B) was not error, as the "Report-Indeterminate Sentence" was sufficient reliable evidence and accurate judicial record on which a court may rely. The document further established the prior conviction was for possession of heroin for sale. Sentence within the advisory guidelines range and district court stated it had considered all the necessary factors; thus court did not abuse its discretion.
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