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defendantfelonyobjection
defendantfelonyobjection

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Turbides-Leonardo; U.S. v.

Facts

Defendant was a native and citizen of the Dominican Republic. In 1999, he was deported from the United States following his 1997 felony conviction in the Puerto Rico courts. He illegally reentered the United States sometime between July 2003 and July 2004. At sentencing, the district court, without objection, embraced the presentence investigation (PSI) report's characterization of the prior conviction as a drug trafficking offense. Defendant asserted that, absent an inquiry into the record of conviction, his prior offense could not be deemed a drug trafficking offense. The court noted that by failing to object to the PSI report, defendant had waived this argument.

Defendant was a native and citizen of the Dominican Republic. In 1999, he was deported from the United States following his 1997 felony conviction in the Puerto Rico courts. He illegally reentered the United States sometime between July 2003 and July 2004. At sentencing, the district court, without objection, embraced the presentence investigation (PSI) report's characterization of the prior conviction as a drug trafficking offense. Defendant asserted that, absent an inquiry into the record of conviction, his prior offense could not be deemed a drug trafficking offense. The court noted that by failing to object to the PSI report, defendant had waived this argument.

Issue

Whether the district court erred in its calculation of the guideline sentencing range (GSR) and the reasonableness of the imposed 48-month sentence.

Whether the district court erred in its calculation of the guideline sentencing range (GSR) and the reasonableness of the imposed 48-month sentence.

Rule

USSG 2L1.2 directs a 16-level increase in offense level for illegal reentry cases if the defendant previously was deported after a conviction for a felony that is a drug trafficking offense for which the sentence imposed exceeded 13 months.

USSG 2L1.2 directs a 16-level increase in offense level for illegal reentry cases if the defendant previously was deported after a conviction for a felony that is a drug trafficking offense for which the sentence imposed exceeded 13 months.

Analysis

The court applied the rule by examining the PSI report, which characterized the defendant's prior conviction as a drug trafficking offense. The defendant did not object to this characterization or the guideline calculations in the PSI report. The court found that the defendant's failure to object amounted to a waiver of his argument regarding the characterization of his prior conviction. The court concluded that the sentencing transcript and the PSI report made the district court's rationale for the length of the sentence sufficiently clear and that the sentence was reasonable.

The court applied the rule by examining the PSI report, which characterized the defendant's prior conviction as a drug trafficking offense. The defendant did not object to this characterization or the guideline calculations in the PSI report. The court found that the defendant's failure to object amounted to a waiver of his argument regarding the characterization of his prior conviction. The court concluded that the sentencing transcript and the PSI report made the district court's rationale for the length of the sentence sufficiently clear and that the sentence was reasonable.

Conclusion

The court affirmed the sentence, concluding that the district court's calculations and the imposed sentence were reasonable.

The court affirmed the sentence, concluding that the district court's calculations and the imposed sentence were reasonable.

Who won?

The United States prevailed in the case as the court affirmed the sentence imposed by the district court, finding it reasonable and properly calculated.

The United States prevailed in the case as the court affirmed the sentence imposed by the district court, finding it reasonable and properly calculated.

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