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United States v. Malagon-Soto

United States Court of Appeals, Eighth Circuit

August 22, 2014

United States of America, Plaintiff - Appellee
v.
Jose Malagon-Soto, Defendant - Appellant

Submitted April 18, 2014.

Appeal from United States District Court for the Western District of Missouri - Springfield.

For United States of America, Plaintiff - Appellee: Gary K. Milligan, Assistant U.S. Attorney, U.S. Attorney's Office, Springfield, MO.

Jose Malagon-Soto, Defendant - Appellant, Pro se, Natchez, MS.

For Jose Malagon-Soto, Defendant - Appellant: David Randolph Mercer, Assistant Federal Public Defender, Federal Public Defender's Office, Springfield, MO.

Before RILEY, Chief Judge, BENTON and KELLY, Circuit Judges.

OPINION

Page 926

KELLY, Circuit Judge.

Jose Malagon-Soto pled guilty to illegal reentry by a previously removed alien, under 8 U.S.C. § 1326(a) and (b)(1). At sentencing, the district court determined that Malagon-Soto qualified for a 16-level enhancement in his offense level pursuant to United States Sentencing Guidelines Manual (U.S.S.G.) § 2L1.2(b)(1)(A)(ii), due to a prior conviction for second degree manslaughter in Kentucky. After applying the enhancement, the district court[1] calculated a guideline range of 41-51 months and sentenced him to 36 months in prison. Malagon-Soto appeals his sentence and, more specifically, the application of § 2L1.2(b)(1)(A)(ii) in determining his guidelines range. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

I. Background

On August 24, 1999, Malagon-Soto was convicted of second degree manslaughter in Kentucky, after killing another driver in a head-on collision while driving under the influence of alcohol. After serving his sentence, Malagon-Soto was deported to Mexico in April 2008. In January 2013, Malagon-Soto pled guilty to illegally reentering the United States. At sentencing, Malagon-Soto objected to the sentencing guideline calculation in his Presentence Investigation Report (PSR), which included a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii), due to his 1999 conviction

Page 927

for manslaughter. The district court overruled his objection, applied the enhancement, and determined his sentencing range to be 41-51 months. The district court then granted a downward variance, sentencing Malagon-Soto to 36 months in ...


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