United States v. Rodriguez-Parra

── United States v. Rodriguez-Parra ── Court: Court of Appeals for the Tenth Circuit Date: April 16, 2026 Category: General Appellate Case: 24-6099 Document: 65-1 Date Filed: 04/16/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 16, 2026 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 24-6099 (D.C. No. 5:24-CR-00020-F-1) JOSE RUBEN RODRIGUEZ-PARRA, (W.D. Okla.) a/k/a Sergio Perez-Cordova, Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before TYMKOVICH, MATHESON, and EID, Circuit Judges. _________________________________ Jose Ruben Rodriguez-Parra, a citizen of Mexico, pleaded guilty to one count of illegally reentering the United States after removal. The district court sentenced him to thirty-three months’ imprisonment—above the guideline range of eighteen to twenty-four months—based in part upon Rodriguez-Parra’s belligerent conduct during his arrest and subsequent medical evaluation that was detailed in his presentence report (“PSR”). Rodriguez-Parra now appeals his sentence, arguing the district court erred by adopting the facts set forth in the PSR even though he made statements during his allocution contradicting several of those facts. * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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.  Appellate Case: 24-6099 Document: 65-1 Date Filed: 04/16/2026 Page: 2 We hold that Rodriguez-Parra’s ambiguous and last-second statements failed to properly object to the district court’s adoption of the PSR’s factual findings. Accordingly, we affirm the district court’s sentence. I. According to the PSR, on December 28, 2023, Rodriguez-Parra struck at least four other vehicles and damaged a fence in a car accident. 1 He proceeded to flee the scene. Responding officers from the Oklahoma City Police Department observed Rodriguez-Parra, who was stumbling and appeared to have urinated on himself, walking away from accident. Officers placed him in their patrol car and transported him to a nearby medical center for a blood draw and medical treatment. At the medical center, Rodriguez-Parra lunged at and attempted to bite an officer, kicked the officer and a medical staff member in the chest, and threatened to send the officer “to hell to see the devil.” 2 R. Vol. II at 24. After being subdued, Rodriguez-Parra was transferred to the Oklahoma County Jail. While Rodriguez-Parra was in custody, immigration officers determined that he was not a citizen of the United States and did not have authorization to be present in the United States. They also learned that he had been involuntarily removed from the United States on five previous occasions, as well as voluntarily removing two 1 As detailed below, Rodriguez-Parra disputed hitting any other vehicles during his allocution, though he admitted to driving onto the sidewalk and hitting a fence while under the influence of sleeping pills. 2 Rodriguez-Parra similarly appea