United States of America v. Rafael Loredo-Torres

Del Rio, Texas, criminal defense lawyer represented the Defendant charged with illegal re-entry into the United States after removal.



By requesting a shorter sentence than was ultimately imposed, Loredo-Torres preserved his challenge to the substantive reasonableness of his above-guidelines sentence. See Holguin-Hernandez v. United States, 589 U.S. 169, 173-75 (2020). Other than stating that there was a gap in which he had no convictions, he did not raise the specific arguments that he raises on appeal. Therefore, we review those arguments for plain error. See Puckett v. United States, 556 U.S. 129, 135 (2009). To prevail under this standard, he must show a forfeited error that is clear or obvious and affects his substantial rights. See id. If he makes that showing, this court has the discretion to correct the error only if it "seriously affects the fairness, integrity or public reputation of judicial proceedings.” Id. (internal quotation marks, brackets, and citation omitted).

Sentenced to 60 months imprisonment with credit for time served; 3 years supervised release; No fine; $100 special assessment.



Affirmed