from the United States District Court for the Southern
District of Texas
JONES, HO, and OLDHAM, Circuit Judges.
S.OLDHAM, Circuit Judge:
Sanchez-Hernandez argues the district court plainly erred in
calculating his Guidelines range at sentencing. That
calculation was based on treating his prior state court
convictions-for exposing himself to and sexually assaulting a
fourteen-year-old girl-as crimes of violence. We affirm.
October 17, 2017, Sanchez-Hernandez illegally entered the
United States for the third time. When officers approached
him, Sanchez-Hernandez admitted he had recently waded across
the Rio Grande river. So the federal government charged him
with illegally reentering the country after having been
previously removed. 8 U.S.C. § 1326(a)-(b).
Sanchez-Hernandez pleaded guilty on December 6, 2017.
to the scheduled sentencing hearing, the probation office
prepared a Presentence Report ("PSR"). It assigned
an offense level of 17 and a criminal history category of IV,
which yielded a Guidelines range of 37 to 46 months in
prison. Those calculations were based in part on
Sanchez-Hernandez's prior criminal history.
in 2010, he pleaded guilty to indecency with a child. Tex.
Penal Code § 21.11. After dancing with a
fourteen-year-old girl at a banquet hall, Sanchez-Hernandez
took her outside, began kissing her, unzipped his pants,
exposed himself, grabbed the girl's hands, and put them
on his penis.
also in 2010, a Texas jury convicted Sanchez-Hernandez of
sexually assaulting a child based on the same incident.
Id. § 22.011. After forcing the girl to touch
him, Sanchez-Hernandez put his penis in the girl's mouth.
The state court sentenced him to concurrent two-year
sentences for both offenses and required him to register as a
sex offender. Upon his release in 2012, the federal
government removed him to Mexico.
in 2014, Sanchez-Hernandez pleaded guilty to illegal reentry.
8 U.S.C. § 1326(a)-(b). Just one month after the
government removed him to Mexico, Sanchez-Hernandez rafted
across the Rio Grande back into Texas. The federal court
sentenced him to 41 months in prison.
determined these offenses warranted 7 criminal history
points. It assigned 3 points for the indecency offense and 3
points for the illegal reentry offense under § 4A1.1.
Then the PSR added 1 additional criminal history point under
§ 4A1.2(a)(2) and § 4A1.1(e) because it treated the
two sex offenses as "crimes of violence." The
addition of that 1 point bumped Sanchez-Hernandez from
criminal history category III to category IV.
sentencing on February 21, 2018, the court began by asking
Sanchez-Hernandez if he had been given "a chance to
review [the PSR] with [his] lawyer." Sanchez-Hernandez
agreed he had. And he had just one correction: He had been
arrested by local police officers, not federal Customs and
Border Patrol officers, as the PSR indicated. But that was
THE COURT: Was everything else correct?
DEFENDANT SANCHEZ-HERNANDEZ: Yes. ...