United States v. Ricardo Gutierrez

PER CURIAM: *

Ricardo Josué Gutierrez pleaded guilty, pursuant to a plea agreement, to harboring an undocumented alien for financial gain. Although Gutierrez’s guidelines range of imprisonment was 51 to 63 months of imprisonment, the district court upwardly departed, imposing a 120-month sentence. The upward departure was based on the district court’s finding, adopted from the presentence report (PSR), that during the course of the offense, Gutierrez twice raped an undocumented alien in his care, once at gun point.

Gutierrez now argues that the district court clearly erred by (1) finding that…