United States v. Jose Angel Gutierrez-Silva

GOULD, Circuit Judge.

We consider a challenge to a 65-month sentence for an alien’s illegal reentry to the United States after deportation, imposed consecutively with an unserved state term, where the government had recommended that the federal sentence be for a shorter term and that it run concurrently with the state term.

I

Defendant-Appellant Jose Angel Gutierrez-Silva (“Gutierrez-Silva”) is a citizen of Mexico. Between August 26, 1998 and September 25, 2000, he twice entered the United States illegally, committed crimes, and was deported. After his second deportation, Gutierrez-Silva again…