United States v. A. Aguilar-Lopez

MURPHY, Circuit Judge.

Armando Aguilar-Lopez pled guilty to illegal reentry following deportation in violation of 8 U.S.C. §§ 1326(a) and (b), and he was sentenced to 46 months imprisonment. The district court 1 found that criminal history category VI did not adequately reflect the seriousness of his past criminal conduct and departed upward from the guideline range by one offense level. See United States Sentencing Commission, Guidelines Manual, § 4A1.3 (p.s.) (2002) [U.S.S.G.]. Aguilar-Lopez appeals the upward departure. We affirm.

Aguilar-Lopez was stopped by Iowa state police on May 8,…