United States v. Perez-Jiminez, No. 10-1322 (10th Cir. 2011)
Annotate this CaseBureau of Prisons officers searched Defendant-Appellant Odalis Perez-Jiminez’s person and cell at the Federal Correctional Institution in Florence, Colorado. In his pockets, they found two shanks. Defendant was indicted on one count of possession of a weapon while an inmate of a federal correctional institution. He pled guilty. At sentencing, the district court found that this offense conviction was a 'crime of violence' pursuant to U.S. Sentencing Guidelines Manual, and that he was a career offender. Applying the career-offender provisions, the district court assigned Defendant an offense level of fourteen and a criminal history category of VI. These factors yielded an imprisonment range of thirty-seven to forty-six months and a fine range of $4000 to $40,000. The district court sentenced Defendant to thirty-seven months’ imprisonment and imposed a fine of $2000. On appeal, Defendant argued that the district court erred in sentencing him as a career offender because his latest conviction was not a 'crime of violence' and that the district court abused its discretion in imposing a $2000 fine. Upon review, the Tenth Circuit affirmed the district court's decision: "Mr. Perez-Jiminez’s fine is entitled to a presumption of reasonableness on appeal, which Mr. Perez-Jiminez ... failed to rebut. Accordingly, the district court did not substantively err by sentencing Mr. Perez-Jiminez to a $2000 fine."
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.