United States v. Ortiz-Alvarez

LYNCH, Circuit Judge.

Ernesto Ortiz-Álvarez pled guilty, under a plea agreement, to illegal possession of a machine gun and to being a felon in possession of three firearms and ammunition in violation of 18 U.S.C. § 922 (o) and (g). The district court sentenced Ortiz-Álvarez to sixty months' imprisonment.

Ortiz-Álvarez argues on appeal that it was error for the district court not to decide, before imposing its sentence, whether the guidelines sentencing range (GSR) proposed in the presentence report *315 (PSR) or the guidelines calculation agreed to in the plea agreement was correct. Instead, after…