DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103263P.pdf 08/18/2011 United States v. Jesus Benitez-De Los Santos
U.S. Court of Appeals Case No: 10-3263
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Colloton, Author, with Murphy, Circuit Judge, and
Erickson, District Judge]
Criminal Case - sentence. Applying twelve-level specific offense
characteristic under Guidelines section 2L1.2(b)(1)(B) was not error, as
the "Report-Indeterminate Sentence" was sufficient reliable evidence and
accurate judicial record on which a court may rely. The document further
established the prior conviction was for possession of heroin for sale.
Sentence within the advisory guidelines range and district court stated it
had considered all the necessary factors; thus court did not abuse its
discretion.