United States v. Guajardo-Martinez, No. 09-3324 (7th Cir. 2011)
Annotate this CaseThe defendant appealed a sentence of 40 months after pleading guilty to illegal reentry of a removed alien following conviction for an aggravated felony. Sentencing guidelines provide a range of 46 to 57 months. The Seventh Circuit affirmed. The court properly considered a prior arrest that did not result in conviction; it had detailed, reliable information about the conduct underlying that arrest. Consideration of other arrests, for which the court did not have detailed information, was harmless error; the judge placed more weight on a prior conviction for drug trafficking and the defendant did not object to consideration of the arrests at the time of sentencing. Although the Seventh Circuit held, after the sentencing, that a court may consider the disparity in guidelines ranges for illegal re-entry, depending on whether the district has a "fast track" program, the district judge properly declined to lower the sentence based on the district's lack of a program. The defendant had not made concessions that would be required by such a program.
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