United States v. Aguilar-Calvo, No. 19-5278 (6th Cir. 2019)Annotate this Case
Aguilar-Calvo pleaded guilty to illegal reentry, 8 U.S.C. 1326(a) and (b)(1). He had been previously convicted of felony drug possession, assault, driving under the influence, and illegal reentry. In its sentencing memorandum, the government addressed18 U.S.C. 3553(a)’s sentencing factors, noting that some people are “impatient for action to protect their perceived economic interests, as promised by our duly enacted immigration policies. Aguilar-Calvo’s sentencing memorandum argued that the district court should not consider such “extraneous, inflammatory, and idiosyncratic views.” The government responded that it did not agree that these concerns are “extraneous,” noting that the guidelines recommend a higher sentence for recidivist illegal reentries and for defendants who have a prior felony conviction. The district court sentenced Aguilar-Calvo to 38 months of imprisonment after a lengthy explanation, citing 18 U.S.C. 3553(a). Aguilar-Calvo objected to “any consideration of the Government’s arguments about the political debate about illegal immigration.” The Sixth Circuit affirmed, rejecting an argument that the sentence was procedurally unreasonable. At no point in sentencing Aguilar-Calvo did the district court rely on the government’s inappropriate representations, on unreasonable speculation or on erroneous information.