United States v. Benjamin Mendez, Jr.

MELLOY, Circuit Judge,

Defendant Benjamin Mendez, Jr., appeals the sentence he received after pleading guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and § 924(a)(2). The district court 1 imposed a traditional upward departure based upon Defendant’s understated criminal history and pattern of recidivism. Defendant challenges his sentence as relying upon unsupported factual assertions surrounding his present offense and purportedly inaccurate and objected-to factual assertions from narratives in the presentence investigation report (PSR) describing his…