FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS July 11, 2019 FOR THE TENTH CIRCUIT Elisabeth A. Shumaker _________________________________ Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 18-8023 (D.C. No. 1:17-CR-00256-ABJ-1) PEDRO JOSE ROSALES-TRUJILLO, (D. Wyo.) Defendant - Appellant. ––––––––––––––––––––––––––––––––––– UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 18-8032 PEDRO ROSALES-TRUJILLO, (D.C. No. 2:18-CR-00031-ABJ-1) (D. Wyo.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HARTZ, SEYMOUR, and HOLMES, Circuit Judges. _________________________________ * 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Defendant Pedro Jose Rosales-Trujillo appeals the 21-month sentence imposed for his violation of the terms of his supervised release. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. His sentence was within the Sentencing Guidelines policy statement, it is therefore presumed substantively reasonable, and Defendant has not overcome the presumption. Defendant, who was about 50 years old when sentenced, has an impressive history of violating this nation’s immigration laws. He was first ordered deported from the United States on July 28, 1989. Since then, Defendant has never obtained, or even applied for, official consent for readmission to the United States. He has been deported 13 times, and in 1998, 2001, 2004, 2010, and 2018, he was convicted of illegal reentry after deportation. See 8 U.S.C. § 1326. For his 2010 violation, the United States District Court for the Western District of Texas sentenced him to 77 months’ imprisonment and three years’ supervised release. On July 6, 2016, Defendant’s term of supervised release commenced when he was released from custody and ordered deported from the United States. In June 2017, while still subject to the terms of his supervised release, Defendant was discovered in the United States when he was arrested in Wyoming for riding a train without a ticket. On January 17, 2018, a jury in the United States District Court for the District of Wyoming found him guilty of illegal reentry after deportation. Before Defendant was sentenced, jurisdiction over his supervised release was transferred from the Western District of Texas to the District of Wyoming. Defendant waived his right to a preliminary hearing, agreed to have the matter disposed of at 2 sentencing on his illegal-reentry conviction, and admitted his illegal reentry in violation of the terms of his supervised release. For the illegal-reentry conviction, the presentence report (PSR) determined that Defendant’s total offense level was 12 and his criminal-history category was VI, which resulted in a guidelines range of 30 to 37 months’ imprisonment. Because Defendant’s illegal reentry ...
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