United States v. Navarrete-Medina

McKAY, Circuit Judge.

Defendant pled guilty to unauthorized re-entry into the United States as a previously deported alien. Prior to his sentencing hearing, he filed a memorandum requesting a downward departure or variance from the advisory guideline range of seventy-seven to ninety-six months, arguing that a lower sentence was warranted because he had committed the crime of re-entry merely to seek necessary medications for his HIV condition. The district court rejected his request and sentenced him to ninety-six months’ imprisonment based mainly on his extensive criminal history, which…