229 F.3d 1165 (10th Cir. 2000), 99-4241, U.S. v. Soto

Docket Nº:99-4241.
Citation:229 F.3d 1165
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Francisco Vasquez-SOTO, Defendant-Appellant.
Case Date:August 10, 2000
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 1165

229 F.3d 1165 (10th Cir. 2000)

UNITED STATES of America, Plaintiff-Appellee,

v.

Francisco Vasquez-SOTO, Defendant-Appellant.

No. 99-4241.

United States Court of Appeals, Tenth Circuit

August 10, 2000

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA10 Rule 36.3 regarding use of unpublished opinions)

2000 CJ C.A.R. 4723

Before MURPHY, McKAY, and ANDERSON, Circuit Judges.

ORDER AND JUDGMENT [*]

ANDERSON

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1(G). The case is therefore ordered submitted without oral argument.

Francisco Vasquez-Soto ("Vasquez") illegally reentered the United States in violation of 8 U.S.C. § 1326 and the terms of supervised release imposed on him for a previous drug trafficking conviction. He was convicted and sentenced for the unlawful reentry, following which the government initiated proceedings to revoke his supervised release on the earlier sentence. The district court ruled that Vasquez had violated the conditions of his supervised release and imposed the statutory maximum sentence of 24 months imprisonment pursuant to 18 U.S.C. § 3583(e)(3), to be served consecutively to the sentence for unlawful reentry. On appeal, Vasquez challenges his revocation sentence on two grounds: (1) that the district court should have sentenced him pursuant to the Sentencing Guidelines Policy Statement range of six to twelve months for violation of supervised release; and (2) that the sentence violated his constitutional rights to Equal Protection and Due Process. We affirm.

BACKGROUND

In October 1996, Vasquez was convicted of Aiding and Abetting Distribution of Cocaine, in violation of 21 U.S.C. § 841 and 18 U.S.C. § 2, and was sentenced to eighteen months in prison and 24 months of supervised release. Vasquez was released from prison on November 26, 1997, and was deported one week later. As a special condition of his supervised release, Vasquez was prohibited from reentering the United States without the permission of the United States Attorney General.

After his deportation, Vasquez illegally reentered the United States and returned to Utah, where he had lived at the time of his 1996 drug conviction. Between September 1998 and July 1999, Vasquez was convicted of two assault charges, one against his girlfriend, and was arrested on a third assault charge. As a result of these arrests, federal authorities learned of...

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