Another Reasonable Within-the-Guidelines Sentence

US v. Rodriguez-Felisola, Docket No. 07-1217 (10th Cir. Nov. 27, 2007) (unpublished): Mr. Rodriguez pled guilty to illegal reentry of a deported alien after conviction of an aggravated felony. The plea agreement required the government to recommend a sentence at the low end of the guideline range. The court did so, sentencing him to 46 months However, the district court rejected his argument for a lower sentence based on the government's delay in prosecuting him because, although ICE was notified of his presence in the US on August 17, 2005, by Colorado authorities, the government waited until conclusion of his state sentence on Dec. 22, 2006, before prosecuting him for the reentry.

Apparently, there was no appeal bar in the agreement, because Mr. Rodriguez appealed his sentence as unreasonably long.

The Tenth Circuit affirmed the sentence. It rejected the government's argument that it lacked jurisdiction to review the sentence becauase it involved a discretionary decision not to depart downward from the advisory guidelines range. The Tenth said it could still evaluate the claim that the sentence was unreasonable. Of course, the sentence was not unreasonable.