United States v. Guillermo Horta-Alvarez

Guillermo Horta-Alvarez appeals his 67-month sentence of imprisonment after pleading guilty to one count of conspiracy to possess with intent to distribute cocaine base. Horta-Alvarez contends that the district court’s sentence was procedurally unreasonable because the court relied on a fact not in the record — that he processed cocaine into crack cocaine for distribution. And he asserts that the error was not harmless because that clearly erroneous fact was one of two reasons given for denying him the full extent of his requested variance. We agree with Horta-Alvarez on both points, and we…