United States v. Rodolfo Trejo

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 18a0170n.06 No. 17-3650 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, ) FILED Apr 02, 2018 ) DEBORAH S. HUNT, Clerk Plaintiff-Appellee, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE RODOLFO TREJO, ) NORTHERN DISTRICT OF ) OHIO Defendant-Appellant. ) ) ) Before: BOGGS, CLAY, and LARSEN, Circuit Judges. LARSEN, Circuit Judge. Rodolfo Trejo was convicted of three counts of distributing cocaine, one count of possessing with the intent to distribute cocaine, and one count of illegally reentering the United States after having been deported. He was sentenced to 60 months’ imprisonment. Trejo’s appeal raises several objections to the reasonableness of his sentence. Because we find that the sentence was both procedurally and substantively reasonable, we affirm. I. Rodolfo Trejo was born in Reynosa, Mexico. He came to the United States in 1999 on a three-month vocational visa but remained after his visa expired. He purchased the birth certificate and Social Security card of Flavio Garcia, a living U.S. citizen who was the victim of No. 17-3650, United States v. Trejo identity theft, and used those documents to obtain an Ohio identification card and to secure work. In August 2011, Trejo, in his own name, became a naturalized citizen of the United States. In February 2012, Trejo was convicted of identity theft in Ohio state court. The state court sentenced him to one month of inactive community control and a fine of $117. Eight months later, he was convicted in federal court of naturalization fraud, 18 U.S.C. § 1425(a), for making a materially false statement regarding the identity theft crime on his application for naturalization. The district court sentenced him to three years’ probation, revoked his naturalization, and ordered him to cooperate with immigration proceedings. He was deported to Mexico in July 2013. Approximately six months later, Trejo illegally reentered the United States. On three occasions in the fall of 2016, Trejo sold cocaine to a confidential informant in or near Canton, Ohio. Twice Trejo met the confidential informant through a middle man to whom Trejo supplied drugs. In November 2016, the Bureau of Alcohol, Tobacco, Firearms and Explosives informed Immigration and Customs Enforcement that Trejo was involved in selling and distributing firearms and narcotics with a criminal organization operating in the area. In December 2016, Trejo was stopped for a traffic violation, during which a search of his car and his person revealed several bags of cocaine. Trejo was indicted on three counts of distributing cocaine, in violation of 21 U.S.C. § 841; one count of possessing with the intent to distribute cocaine, in violation of 21 U.S.C. § 841; and one count of illegally reentering the United States after having been deported, in violation of 8 U.S.C. § 1326. Trejo pleaded guilty to all five counts without a plea agreement. At sentencing, the district court adopted the Presentence Investigation Report’s (PSIR) conclusion that Trejo’s total Guidelines offense level was ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals