UNITED STATES OF AMERICA v. JOSE RUBEN RODRIGUEZ-PARRA
The Tenth Circuit affirmed an upward variance sentence for illegal reentry, ruling that a defendant's ambiguous statements during allocution do not constitute a proper objection to presentence report facts under Federal Rule of Criminal Procedure 32. Because the defendant failed to explicitly contest the alleged belligerent conduct, the district court was permitted to rely on those unchallenged facts to justify the sentence.