US v. Rubio, No. 09-20589

Illegal Reentry Sentence Affirmed

In US v. Rubio, No. 09-20589, the court affirmed defendant's illegal reentry sentence where defendant failed to satisfy his burden of proof in showing that his waiver of counsel was constitutionally invalid.

As the court wrote:  "Appellant Jovanny Rubio Rubio ("Rubio") appeals the sentence assigned to him for violating 18 U.S.C. §§ 1326(a) and (b)(1).   Rubio argues that the presentence report ("PSR") considered by the district court miscalculated his criminal history points by including two uncounseled state misdemeanor convictions for which waiver of counsel occurred too late.   Rubio does not satisfy his burden of proof in showing that his waiver of counsel was constitutionally invalid."

Related Resources

• Read the Fifth Circuit's Decision in US v. Rubio, No. 09-20589