Dist. Ct. did not err in imposing 72-month term of incarceration on charge of reentering U.S. illegally after prior deportation following felony conviction in violation of 8 USC section 1326(a), even though application guideline range was 30 to 37 months incarceration. Dist. Ct. adequately justified instant above-guidelines sentence, where: (1) Dist. Ct. noted that defendant had illegally reentered U.S. after each of his three deportations; (2) defendant had six prior felony convictions; and (3) defendant had prior 57-month term of incarceration for same offense, such that Dist. Ct. could properly conclude that longer sentence was required to deter defendant from future illegal reentries to U.S. Moreover, instant sentence was not unreasonable, and Dist. Ct. could otherwise view negatively defendant’s series of convictions for driving without valid license or insurance.
Federal 7th Circuit Court
Criminal Court
Sentencing