United States v. Ruiz-Salazar, No. 14-2666 (8th Cir. 2015)
Annotate this CaseSalazar was convicted in Missouri state court of possessing and trafficking a controlled substance and was deported to Mexico. Salazar subsequently returned to Missouri. After learning that Salazar had reentered, the United States charged him with illegal reentry following a deportation and conviction of an aggravated felony, 8 U.S.C. 1326(a) and (b)(2). Salazar pleaded guilty. The Guidelines range for his offense was 70 to 87 months' imprisonment. Salazar did not object to the calculated Guidelines range; his counsel sought a downward variance to 36 months' imprisonment because Salazar "supported his family," would "have to start his life over after being deported," and was unable to participate in a "FastTrack" program. The court considered his counsel's arguments, and all other relevant sentencing factors, including the nature of the offense and Salazar's lengthy criminal history and multiple convictions for drug-related offenses. The district court imposed and the Eighth Circuit affirmed a sentence of 70 months.
Court Description: Per Curiam - Before Loken, Smith and Colloton, Circuit Judges] Criminal case - Sentencing. The district court considered the 3553(a) factors and imposed a substantively reasonable sentence.
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