U.S. v. Lopez-Hernandez

Dist. Ct. did not err in sentencing defendant to 71-month term of incarceration on charge of being in U.S. without permission after having been deported, even though Dist. Ct. based said sentence on fact that defendant had 41 prior arrests without convictions. While defendant argued that Dist. Ct. could not rely on said arrests without making determination that defendant had actually engaged in conduct for which he had been arrested, Dist. Ct. could consider instant arrests where: (1) defendant did not contest accuracy of summaries contained in records of certain arrests; and (2) defendant did not suggest that arrests for which there were no summaries were not grounded in facts. Moreover, sheer number and/or similarity of instant arrests suggested defendant's actual guilt.