United States v. Marin-Castano, No. 11-3810 (7th Cir. 2012)
Annotate this CaseDefendant, a citizen of Colombia, illegally entered the U.S. in 1982. In 1985, he was convicted of drug offenses, 21 U.S.C. 846 and 841(a)(1), was sentenced to five years in prison; in 1987 he was deported to Colombia. About five years after his deportation, he reentered the U.S. and was arrested twice, but managed to avoid deportation. In 2010 he was arrested in Illinois for driving under the influence. Immigration and Customs Enforcement agents were informed of his illegal status. Defendant was indicted on one count of illegal reentry, 8 U.S.C. 1326(a) and 6 U.S.C. 202(4) and pleaded guilty pursuant to a plea agreement. The district court determined his criminal history category to be 3 and, after applying a 16-level enhancement (U.S.S.G. 2L1.2(b)(1)(A)), determined his offense level to be 21, resulting in a calculated Guidelines range of 46 to 57 months’ imprisonment. Neither the government nor defendant objected to this calculation. He was sentenced at the low-end of the Guidelines range to 46 months in prison, claiming that his 1985 conviction was stale and that the calculation overstated the seriousness of his current reentry offense. The Seventh Circuit affirmed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.