UNITED STATES v. RAMOS FUENTES (2019)

Manuel Ramos-Fuentes pleaded guilty to illegal reentry into the United States and was sentenced to 28 months in prison. On appeal, Ramos-Fuentes argues that two prior sentences were imposed on the same day and should have been combined, under U.S.S.G § 4A1.2(a)(2)(B), which would have reduced his recommended sentencing range. Ramos-Fuentes concedes that he did not object to the district court’s calculation of his criminal history score and that review is for plain error only. Puckett v. United States, 556 U.S. 129, 135, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009); Rosales-Mireles v. United States, ––– U.S. ––––, 138 S.Ct. 1897, 201 L.Ed.2d 376 (2018).

In response to Ramos-Fuentes’s brief, the Government filed an unopposed motion to supplement the record with the supporting documents for the two offenses in question. The additional documents show that the sentences were not imposed on the same day and may not be counted as a single sentence under § 4A1.2(a)(2). Ramos-Fuentes has failed to show any error in his sentence.

AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.