United States v. Juan Duque-Tinoco

PER CURIAM: *

Juan Duque-Tinoco pleaded guilty to illegal reentry and was sentenced to 37 months of imprisonment and three years of supervised release. His supervised release imposed for a prior conviction was revoked, and he was sentenced to 24 months of imprisonment. The sentences were ordered to run consecutively. He challenges both sentences in these consolidated appeals.

As to the sentence for the new offense, Duque-Tinoco argues that the district court abused its discretion in departing upward pursuant to U.S.S.G. § 5K2.21 for uncharged conduct. The uncharged conduct the district court…