Victor Solorzano Tavia v. United States
FifthAmendment
I. Whether sentence for illegal reentry and sentence for violation
of supervised 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?
II. 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 C 1
supervised release violation, and sentence run consecutive to
illegal reentry sentence which resulted from same relevant
conduct which was basis for supervised release violation?
Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy