United States v. Talamantes

Carlos Talamantes pleaded guilty to unlawful reentry after removal following an aggravated felony conviction in violation of 8 U.S.C. § 1326(a) and (b)(2). The plea agreement recited the parties’ belief “that a sixteen (16) level increase is applicable” under U.S.S.G. § 2L1.2(b)(l)(A) due to his prior felony drug conviction, and that Talamantes would seek a downward departure or variance. Adopting without objection the recommendations of the Presentence Investigation Report, the district court 1 determined a total offense level of 21 and a criminal history category of VI, resulting in an…