FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT November 10, 2020 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 20-1053 (D.C. No. 1:19-CR-00329-MSK-1) OSCAR CARRASCO-RICO, (D. Colo.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before MATHESON, KELLY, and EID, Circuit Judges. _________________________________ Oscar Carrasco-Rico pled guilty to illegal reentry after removal following a felony conviction in violation of 8 U.S.C. §§ 1326(a), (b)(1). The district court calculated a United States Sentencing Guidelines (“Guidelines”) advisory range of 37 to 46 months in prison and sentenced Mr. Carrasco-Rico to 46 months. * After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Mr. Carrasco-Rico argues on appeal that this sentence was substantively unreasonable. Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we disagree with his argument and affirm his sentence. I. BACKGROUND A. Factual Background Previous Offenses and Deportations Mr. Carrasco-Rico’s criminal history includes felony convictions in 1994, 1998, 2003, and 2007. In May 1994, Mr. Carrasco-Rico was convicted of felony possession of a controlled substance with intent to distribute. The court suspended his sentence on the condition that he return to Mexico and not reenter the United States. But by July 1995, Mr. Carrasco-Rico had returned to the United States. In 1997, he was deported for the first time. He soon returned to the United States. In July 1998, Mr. Carrasco-Rico pled guilty to felony use of a controlled substance. He was deported, but returned again. In June 2003, Mr. Carrasco-Rico pled guilty to illegal reentry after removal following a felony conviction. He was sentenced to 37 months in prison, to be followed by three years of supervised release subject to a special condition that prohibited him from illegally reentering. Upon his release from prison, Mr. Carrasco-Rico was deported, but returned again. 2 In November 2007, during the three-year period of supervised release for his 2003 conviction, Mr. Carrasco-Rico pled guilty to felony possession of a controlled substance. After completing a prison term, he was deported in July 2009, but returned yet again. He started working for a Colorado roofing company in September 2014. Mr. Carrasco-Rico’s 2019 Arrest and Conviction In 2019, police officers in Rifle, Colorado were monitoring a residence known for narcotics distribution. An officer approached Mr. Carrasco-Rico, who refused to remove his hands from his pockets and fled. Officers arrested him after a pursuit and physical struggle in which he knocked an officer to the ground. He was charged ...
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