United States v. Rivera-Oros

HOLMES, Circuit Judge.

Defendant-Appellant Rodrigo RiveraOros pleaded guilty to one count of reentering the United States after having been previously deported following a felony conviction, in violation of 8 U.S.C. § 1326(a), (b). The district court calculated a modified advisory Guidelines range — including a criminal history downward departure— yielding a range of forty-six to fifty-seven months’ imprisonment. It sentenced Mr. Rivera-Oros to forty-six months’ imprisonment. Mr. Rivera-Oros challenges the court’s calculation of the Guidelines range, arguing that the district court incorrectly…