United States v. Martinez-Gonzalez
Defendant appealed his sentence for illegal reentry after deportation by an alien previously convicted of a felony in violation of 8 U.S.C. 1326(b)(1). On appeal, defendant argued that his sentence was excessive. The court held that the violation of state law proscribing the possession of a forged document with the intent to defraud was a crime related to forgery under 8 U.S.C. 1101(a)(43)(R). Therefore, defendant's conviction was related to forgery such that the increased offense level under U.S.S.G. 2L1.2(b) applied. The court also held that the district court amply supported its sentencing decision in the record and that the sentence imposed was reasonable and well within the judge's discretion. Therefore, there was no basis upon which to vacate defendant's sentence.