United States v. Jose Solis Ponce
Opinion
Jose Carmen Solis Ponce appeals his guilty-plea conviction and sentence for illegal reentry after deportation following an aggravated felony conviction, in violation of
To the extent that Solis Ponce is challenging the reliability of the presentence report's determination that he admittedly reentered the United States illegally on November 23, 2010, he has forfeited that argument by raising it for the first time in his reply brief.
See
Yohey v. Collins
,
There is likewise no merit to Solis Ponce's contention that his prior convictions should not have been used to enhance his sentence under § 2L1.2(b) because they were too remote from the date on which he was found illegally in the United States and, thus, should not have received criminal history points under U.S.S.G. § 4A1.2(e)(1). We review this issue de novo.
See
United States v. Hawkins
,
"A § 1326 offense begins at the time the defendant illegally re-enters the country and does not become complete unless or until the defendant is found by [immigration authorities] in the United States."
United States v. Compian-Torres
,
Finally, Solis Ponce has failed to show that the extent of the district court's downward departure based on the age of his 1996 conviction constituted an abuse of discretion.
See
United States v. Desselle
,
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee v. Jose Carmen Solis PONCE, Also Known as Jose Carmen Solis-Ponce, Also Known as Igancio Solis, Also Known as Jose Ponce Solis, Also Known as Jose Carmen Ponce Solis, Also Known as Jose Carmen Solis, Also Known as Jose S. Carmen, Also Known as Jose C. Solis, Also Known as Jose C. Ponce, Defendant-Appellant
- Cited By
- 13 cases
- Status
- Published