United States v. Pasalodos


Appellate Case: 21-1342 Document: 010110701685 FILED Page: 1 Date Filed: 06/27/2022 United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS June 27, 2022 Christopher M. Wolpert TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 21-1342 EMMANUEL VEGA PASALODOS, (D.C. No. 1:18-CR-00134-RM-2) (D. Colo.) Defendant-Appellant. ORDER AND JUDGMENT * Before BACHRACH, BALDOCK, and McHUGH, Circuit Judges. ** Defendant Emmanuel Vaga Pasalodos is a citizen of Cuba who immigrated to the United States in 2016. He has been in trouble with the law pretty much ever since. Here Defendant challenges as substantively unreasonable the district court’s imposition of a 22-month sentence of imprisonment following the revocation of his supervised release. Our jurisdiction arises under 18 U.S.C. § 3742 and 28 U.S.C. § 1291. We affirm. * This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. ** After examining the briefs and appellate record, this panel has determined unanimously to grant the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Appellate Case: 21-1342 Document: 010110701685 Date Filed: 06/27/2022 Page: 2 After admitting he and a co-conspirator placed credit card skimming devices received from a third co-conspirator in Florida on gas station pumps in Colorado, Defendant pleaded guilty in December 2018 to one count of conspiracy to possess counterfeit access devices in violation of 18 U.S.C. § 1029(a)(3). Defendant’s statutory maximum term of imprisonment was five years. Id. § 1029(b)(2). Based on a total offense level of 21 and a criminal history category of I, Defendant’s advisory guideline range was 37 to 46 months’ imprisonment. While the presentence report noted Defendant was a “minor participant” in the Colorado scheme, the report also noted he had been arrested in Louisiana in October 2017 and Mississippi in March 2018 and charged with similar misconduct. Following a sentencing hearing in March 2019, the district court departed downward from the guideline range due in large part to Defendant’s substantial assistance to authorities, U.S.S.G. § 5K1.1, and sentenced him to fifteen months in prison and three years of supervised release. Given his presentence confinement credit, Defendant’s term of supervised release began just five days later. Defendant was permitted to serve this term in the Southern District of Florida, where he had been living prior to his arrest in Colorado. Less than three months after his release from federal custody, Defendant left the Southern District of Florida without permission and once again began engaging in activities related to credit card fraud–this time in Georgia. During the stop of a vehicle in which Defendant was a passenger, police found a digital card reader in the vehicle and counterfeit credit cards on his person. Defendant pleaded guilty to a …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals