United States v. Alvizo-Trujillo
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MELLOY, Circuit Judge.
Donaciano Alvizo-Trujillo pled guilty to illegal re-entry into the United States in violation of 8 U.S.C. § 1326(a). His applicable Guidelines range was forty-six to fifty-seven months of imprisonment. The district court sentenced Alvizo-Trujillo to forty-six months of imprisonment. AlvizoTrujillo appeals, arguing that the district court improperly applied a presumption of reasonableness to the Guidelines range in violation of Rita v. United States, — U.S. -, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007).
I
At the sentencing hearing, Alvizo-Trujillo asked the district court to…
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