United States v. Francisco Gasca-Ruiz

Concurrence by Judge HURWITZ

OPINION

WATFORD, Circuit Judge:

We took this case en banc to resolve an intra-circuit conflict over the standard of review that applies when we review a district court’s application of the United States Sentencing Guidelines to the facts of a given case. We conclude that as a general rule such decisions should be reviewed for abuse of discretion.

I

The defendant in this case, Francisco Gasca-Ruiz, pleaded guilty to transporting undocumented immigrants in violation of 8 U.S.C. § 1324. The facts relevant to his sentencing proceeding are undisputed, as they are drawn…