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United States v. Sicairos

United States Court of Appeals, Tenth Circuit

May 1, 2015

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
CRISTIAN RAZO SICAIROS, a/k/a Cristian Sicairos Razo, Defendant-Appellant.

D.C. No. 1:14-CR-00076-JLK-4 (D. Colo.)

Before HOLMES, MATHESON, and PHILLIPS, Circuit Judges.

ORDER AND JUDGMENT [*]

SCOTT M. MATHESON, JR. CIRCUIT JUDGE.

Defendant-Appellant Cristian Razo Sicairos pled guilty to conspiracy to distribute methamphetamine. He appeals his sentence.

At the sentencing hearing, the district court

(1)calculated his United States Sentencing Guidelines range as 188 to 235 months;
(2)varied downward the equivalent of two offense levels; and
(3)sentenced him to 188 months.

ROA, Vol. III at 26-30. The court failed to calculate the post-variance Guidelines range (which would have been 151 to 188 months) or explain the sentence imposed. Id. It then entered a written judgment indicating the sentence was below the Guidelines range. See ROA, Vol. I at 79, 80. Defense counsel did not object to the foregoing; our review is therefore for plain error. United States v. Gantt, 679 F.3d 1240, 1246 (10th Cir. 2012).

Mr. Sicairos argues, and the Government agrees, that the sentence is procedurally unreasonable under Gall v. United States, 552 U.S. 38 (2007), and constitutes plain error. We agree. Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we vacate Mr. Sicairos's sentence and remand for resentencing.[1]


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