U.S. v. Garcia-Segura

Dist. Ct. did not err in sentencing defendant to 90-month term of incarceration on charge of unauthorized presence in U.S. after having been removed, even though defendant argued that Dist. Ct. failed to address his argument that he was entitled to 19-month reduction due to govt. delay in charging him with instant offense. While said delay precluded defendant from serving instant sentence concurrently with state conviction, record showed that Dist. Ct. actually considered defendant’s argument and rejected it, after finding that defendant’s criminal history that included convictions for similar offenses dictated longer sentence. Moreover, concurrent sentence was not warranted where state conviction on drug and firearm charges was unrelated to instant charged offense.