United States v. Carlos Gutierrez-Torres

MEMORANDUM **

Carlos Gutierrez-Torres appeals from the district court’s judgment and challenges the 33-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Gutierrez-Torres contends that the district court improperly double counted when it imposed a four-level enhancement for a prior illegal reentry offense and then used that offense to justify a lesser fast-track departure than that recommended by the parties and a high-end sentence. The…