NOT RECOMMENDED FOR PUBLICATION File Name: 20a0317n.06 No. 19-2041 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED UNITED STATES OF AMERICA, ) Jun 02, 2020 DEBORAH S. HUNT, Clerk ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE v. ) UNITED STATES DISTRICT ) COURT FOR THE WESTERN ROLANDO PABLO-RAMOS, ) DISTRICT OF MICHIGAN ) Defendant-Appellant. ) ) BEFORE: CLAY, ROGERS, and DONALD, Circuit Judges. ROGERS, Circuit Judge. After being convicted and sentenced in Michigan state court for operating a vehicle while intoxicated and domestic violence, Rolando Pablo-Ramos pleaded guilty to the federal offense of illegal reentry. The district court varied downward 13 months from the bottom of the advisory Guidelines range to impose a sentence of 44 months’ imprisonment, to run consecutively to defendant’s undischarged state sentence. Defendant appeals on the sole ground that the district court put forth an inadequate explanation for imposing a consecutive sentence. This argument lacks merit, however, as the record demonstrates that the district court fully considered the relevant factors in deciding to impose a consecutive sentence. In June 2018, Wyoming, Michigan police arrested Pablo-Ramos after he had reportedly attacked his girlfriend and young son. Defendant was convicted in state court of one count of operating a vehicle while intoxicated/impaired and two counts of domestic violence. Defendant No. 19-2041, United States v. Pablo-Ramos was sentenced in October 2018 to a term of 23-60 months’ imprisonment. This was not defendant’s first brush with the law; his criminal history spans 18 years and includes numerous convictions for driving under the influence of alcohol, domestic violence, and unauthorized entry into the United States. While his state prosecution was ongoing, defendant was indicted by a federal grand jury for violating 8 U.S.C. §§ 1326(a) and (b)(1), which prohibit reentry into the United States of aliens who were previously removed after having been convicted of a felony offense. Defendant pleaded guilty to the federal offense in June 2019. In its presentence report, the probation office calculated a total offense level of 19 and a criminal history category of V, yielding an advisory Guidelines range of 57-71 months’ imprisonment. The presentence report also noted that under U.S.S.G. § 5G1.3(d), the court had the authority to impose its sentence either concurrently with or consecutively to defendant’s undischarged state sentence. Defendant did not object to the presentence report but argued in his sentencing memorandum for a downward variance and a concurrent sentence. At the sentencing hearing, the defendant’s attorney reiterated defendant’s request for a concurrent sentence. The court acknowledged defendant’s request, telling defense counsel in response, “I hear you.” Defendant also asked for a variance on the basis that a criminal history category of V overstated his past criminal conduct. Defendant’s attorney added that assuming Pablo-Ramos was paroled by state authorities after 23 months, the remaining 37 months of his state sentence would deter him from returning to the United States illegally, thus favoring a more lenient federal sentence. In response, the Government argued in favor of a consecutive sentence and ...
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