United States v. Castillo, No. 14-4129 (10th Cir. 2015)
Annotate this CaseWilber Ernesto Castillo, a citizen of El Salvador, appeals his sentence for violating 8 U.S.C. 1326, which prohibits reentry into the United States by a previously removed alien. In 2004, Castillo was convicted in California state court for second-degree robbery, a violation of California Penal Code section 211. He was removed from the United States in 2007. In July 2009, Castillo reentered the United States without inspection. Castillo was convicted in 2011 for shoplifting and in 2014 for disorderly conduct. After his 2014 arrest, agents from Immigration and Customs Enforcement interviewed Castillo. Based on his admissions that he had been removed from the United States and then reentered without inspection, the government charged Castillo with a violation of 8 U.S.C. 1326. Castillo argued on appeal to the Tenth Circuit that his sentence was miscalculated because the district court incorrectly considered the California robbery conviction to be a “crime of violence” for purposes of a sentencing enhancement under section 2L1.2 of the United States Sentencing Guidelines. The Tenth Circuit concluded the district court correctly considered Castillo’s California robbery conviction to be a crime of violence, it 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.