Victor Solorzano Tavia v. United States
FifthAmendment
Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy
QUESTION(S) PRESENTED I, Whether sentence for illegal reentry and sentence for violation of supérvised release should have run concurrent to avoid double jeopardy: clause where same relevant conduct resulted in conviction and sentence for illegal’ reentry as well as for violation of supervised release? Il.‘ Whether district court violated Blakely rule when court sentenced Petitioner to statutory maximum sentence of 24 months beyond guidelines sentencing range of 8 to 14 months? III. Whether district court abused its discretion when it sentenced , Petitioner to statutory maximum (24 months) for Grade ot supervised release violation, and sentence run consecutive to illegal reentry sentence which resulted from same relevant conduct which was basis for supervised release violation? 1. Supervised release violation due to illegal reentry would be a Grade C violation.<ix ii