United States v. Sanchez-Fragoso, 032515 FED10, 14-2185

Docket Nº:14-2185
Opinion Judge:Gregory A. Phillips, Circuit Judge
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. AGUSTIN SANCHEZ-FRAGOSO, Defendant-Appellant.
Judge Panel:Before MATHESON, MURPHY, and PHILLIPS, Circuit Judges.
Case Date:March 25, 2015
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit




No. 14-2185

United States Court of Appeals, Tenth Circuit

March 25, 2015

D.C. No. 2:13-CR-04019-RB-1 D.N.M.

Before MATHESON, MURPHY, and PHILLIPS, Circuit Judges.


Gregory A. Phillips, Circuit Judge

Agustin Sanchez-Fragoso pleaded guilty to one count of reentering the United States as a removed alien. The district court sentenced him to forty-one months' imprisonment. Sanchez-Fragoso appeals and argues that his sentence is unreasonable. Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we affirm.


In September 2013, border patrol agents encountered Sanchez-Fragoso in Hidalgo County, New Mexico. The agents questioned Sanchez-Fragoso about his citizenship, and he responded that he was a citizen of Mexico and illegally present in the United States. Sanchez-Fragoso's illegal presence stemmed from his July 2013 removal, which came after Sanchez-Fragoso served most of a four-year prison term after his conviction for possessing cocaine with intent to distribute it.

After filing a complaint, the government offered Sanchez-Fragoso the opportunity to plead guilty and take advantage of a fast-track program, where defendants plead guilty early in the prosecution and waive their rights to file certain motions and to appeal, in exchange for shorter sentences. See United States v. Morales-Chaires, 430 F.3d 1124, 1127 (10th Cir. 2005) (describing the fast-track sentencing program). Sanchez-Fragoso refused that opportunity, hoping to argue for an even shorter sentence.

A grand jury indicted Sanchez-Fragoso on one count of reentry of a removed alien, in violation of 8 U.S.C. §§ 1326(a) and (b). Sanchez-Fragoso ultimately pleaded guilty to that charge without the benefit of a plea agreement. Before sentencing, the probation officer completed a presentence report (PSR). The PSR set Sanchez-Fragoso's base offense level under the Sentencing Guidelines at eight. See U.S.S.G. § 2L1.2. The PSR then added sixteen levels because Sanchez-Fragoso had been previously convicted of possessing cocaine with intent to distribute, an offense for which the sentence imposed exceeded thirteen months. See U.S.S.G. § 2L1.2(b)(1)(A). Sanchez-Fragoso's total offense level was twenty-one, after the PSR credited his acceptance of responsibility. U.S.S.G. § 3E1.1(a)–(b). Sanchez-Fragoso's criminal history category was II because of his earlier felony drug conviction. Accordingly, the PSR...

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