Sentencing Guidelines – Resentencing

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7^th Circuit Court of Appeals

Case Name: United States of America v. Carlos A. Vasquez-Abarca

Case No.: 18-3716

Officials: HAMILTON, SCUDDER, and ST. EVE, Circuit Judges.

Focus: Sentencing Guidelines – Resentencing

Defendant Carlos Vasquez-Abarca appeals his sentence for reentering the United States illegally after a prior deportation following a felony conviction, in violation of 8 U.S.C. § 1326(a). The district court imposed a sentence of 72 months in prison, about twice the range of 30 to 37 months in prison advised by the Sentencing Guidelines. The sentence was well within the statutory limits and was a reasonable exercise of the judge’s discretion under 18 U.S.C. § 3553(a) and United States v. Booker, 543 U.S. 220 (2005). The judge here also gave a sufficient explanation for the decision, see Gall v. United States, 552 U.S. 38, 50 (2007), based primarily on Vasquez-Abarca’s criminal history and the fact that a previous sentence of 57 months for the same crime had not deterred him from committing the crime again. We affirm the sentence.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.