U.S. v. Sanchez-Lopez

Dist. Ct. did not err in sentencing defendant to above-guidelines, 24-month term of incarceration on charge of unauthorized presence in U.S. after having been removed. While defendant argued that instant sentence was improper, since Dist. Ct. erroneously believed that longer sentence was required because defendant had previously been sentenced to 18-month term of incarceration for same offense, Dist. Ct. did not abuse its discretion in imposing instant sentence, where Dist Ct. could properly base sentence on: (1) defendant’s criminal history that included fourth DUI, as well as three convictions for driving on suspended license; and (2) need to deter defendant from continuing to enter U.S. illegally.