United States v. Balbin-Mesa
2011 U.S. App. LEXIS 13262
| 10th Cir. | 2011Background
- Balbin-Mesa, a Colombian citizen, admitted he was present in the U.S. without admission and had been deported in 1994 after a cocaine trafficking conviction.
- He pled guilty to illegal reentry under 8 U.S.C. § 1326(a)(1) and (b)(2) without a plea agreement.
- PSR calculated offense level 21, history category I, advisory range 37–46 months.
- Balbin-Mesa moved for a §3553(a) downward variance; government offered a one-point reduction for waiver of rights, lowering range to 33–41 months.
- At sentencing, the district court granted a below-guideline sentence of 28 months, with two years of supervised release and a special condition prohibiting reentry without authorization.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 28-month sentence is substantively reasonable under §3553(a). | Balbin-Mesa argues factors were inadequately discussed; sentence is too long given circumstances. | Balbin-Mesa contends the court relied on deterrence and failed to consider other §3553(a) factors. | Sentence affirmed; below-guideline sentence presumed reasonable. |
Key Cases Cited
- United States v. Alvarez-Bernabe, 626 F.3d 1161 (10th Cir. 2010) (presumption of reasonableness for within-range sentences; applied to below-range.)
- United States v. Sells, 541 F.3d 1227 (10th Cir. 2008) (downward variance framework under §3553(a).)
- Rita v. United States, 551 U.S. 338 (U.S. Supreme Court 2007) (establishes reasonableness presumption framework for sentencing.)
- United States v. Olhovsky, 562 F.3d 530 (3d Cir. 2009) (ignore basis for variance; factors must be considered; distinguishes from this case.)
- United States v. Liddell, 543 F.3d 877 (7th Cir. 2008) (rebuttable presumption of reasonableness applies to below-guideline sentences.)
- United States v. Angel-Guzman, 506 F.3d 1007 (10th Cir. 2007) (explains presumption of reasonableness in sentencing framework.)