United States v. Mario Gonzales-Ortega, Also Known as Daniel Cano

BOWMAN, Circuit Judge.

Mario Gonzales-Ortega pleaded guilty to illegally reentering the United States. See 8 U.S.C. § 1326(a) & (b)(2) (2000). The District Court 1 determined that Gonzales-Ortega’s criminal history level of VI did not adequately reflect the defendant’s criminal history and the likelihood that he would commit future crimes and departed upwards by five offense levels and sentenced him to 150 months in prison. Gonzales-Ortega appeals this departure and we affirm.

The recently-enacted PROTECT Act requires that a district court “state[] with specificity” in the “written order of…