United States v. Andres Morales-Escarsega

Andres Morales-Escarsega, an illegal alien, pled guilty to illegally reentering the country after removal in violation of 8 U.S.C. § 1326(a), (b). After considering the presentence investigation report (PSR) which recommended a guideline range of 15 to 21 months, the district court 1 determined that the PSR had underrepresented appellant’s criminal history and that there was a likelihood that he would reoffend. It departed upward from the advisory guideline range to sentence him to 24 months. Morales-Escarsega appeals, challenging the upward departure and arguing that his sentence was…