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Standards set for fast-track adjustments
The 7th Circuit has issued standards that a defendant charged with illegal reentry must meet to be considered for a lower sentence based on the lack of a fast-track program.
09-3932, 10-2190 & 10-2689 U.S. v. Ramirez
Illegal reentry Sentencing; fast track departure
10-1470 U.S. v. Lopez
Sentencing Illegal reentry In calculating the offense level for illegal reentry after removal, a sentence imposed on revocation of probation does not count under U.S.S.G. 2L1.2(b)91)(A)(i). “Our interpretation of the guideline is consistent with both the purpose behind the enhancement and the larger goal of consistent application of the Sentencing Guidelines. Defendants who reenter the […[...]
10-2427 U.S. v. Perez-Molina
Sentencing Illegal reentry Where the district court justified imposing an above-guideline sentence based on factors other than those accounted for in calculating criminal history, the sentence must be affirmed. “Although district courts may apply the departure guidelines by way of analogy in analyzing the § 3553(a) factors, they are not bound by the guidelines. See […]
09-3992 U.S. v. Aviles-Solarzano
Sentencing Illegal reentry; prior conviction; crime of violence Where the parties stipulated that a prior conviction was a crime of violence at sentencing, no further proof is required. “There is no reason to go digging for a state-court indictment if the parties agree on what it says. The judge was entitled to assume that the […]
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