U.S. v. RUVALCAVA-PEREZ

Nos. 08-2582, 08-2583.

561 F.3d 883 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Guadalupe RUVALCAVA-PEREZ, also known as Alvara Hernandez Hermosito, also known as Andres Torrez, also known as Guadalupe Perez, also known as Teodoro Rodriguez Perez, also known as Alvara Hernandez, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 14, 2009.


Attorney(s) appearing for the Case

Robert A. Kneif, AUSA, Sioux City, IA, for Plaintiff-Appellee.

John P. Messina, AFPD, Des Miones, IA, for Defendant-Appellant.

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.


MURPHY, Circuit Judge.

Jose Guadalupe Ruvalcava-Perez pled guilty to a drug offense and illegal reentry after deportation. The district court1 found that criminal history category VI underrepresented Ruvalcava-Perez's criminal history and departed upward from the advisory guideline range by two offense levels. The court also imposed an upward variance of 48 months and sentenced Ruvalcava-Perez to 210 months in prison. In addition the court...

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