United States v. Alvarez-Bernabe
2010 U.S. App. LEXIS 24445
| 10th Cir. | 2010Background
- Alvarez-Bernabe, a Mexican citizen, was deported twice and reentered illegally after each deportation.
- He had a prior felony drug conviction (possession with intent to distribute) before the 2005 deportation.
- He pled guilty to one count of illegal reentry under 8 U.S.C. § 1326(a), (b)(2).
- Probation/PSR calculated base offense level 8, +16 under § 2L1.2(b)(1)(A)(i) after a prior felony drug conviction, -3 for acceptance of responsibility, total 21, CR IV.
- Advisory guidelines range yielded 57–71 months; Alvarez sought a non-Guideline sentence of 36 months.
- District court denied statutory sentence request and sentenced Alvarez at the bottom of the guideline range to 57 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 16‑level enhancement lacks articulated justification | Alvarez argues no clear justification by the Sentencing Commission. | Government contends no district-court obligation to replicate Commission rationale. | Enhancement valid; district court not required to articulate Commission rationale. |
| Whether the enhancement creates unwarranted disparities | Alvarez contends the 16-level increase produces unwarranted disparities in several respects. | Government contends disparities do not undermine Alvarez’s sentence given his prior record. | Disparities concerns rejected; the enhancement stands. |
| Substantive reasonableness of the sentence within the guideline range | Alvarez claims the sentence is manifestly unreasonable and procedurally improper. | Government argues the sentence is within range and properly considers § 3553(a). | Sentence within range; presumptively reasonable and upheld. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (reasonableness review with deference to district court)
- Chavez-Suarez, 597 F.3d 1137 (10th Cir. 2010) (past illegal reentries considered in sentencing)
- Mumma, 509 F.3d 1239 (10th Cir. 2007) (presumptive reasonableness for within-range sentences)
- Rose, 185 F.3d 1108 (10th Cir. 1999) (district court presumed to consider § 3553(a) factors)
- Alapizco-Valenzuela, 546 F.3d 1208 (10th Cir. 2008) (deference to district court's application of guidelines)
- Booker v. United States, 543 U.S. 220 (U.S. 2005) (remedy for Sixth Amendment concerns in sentencing guidelines)