United States v. Lua-Guizar, No. 10-3042 (7th Cir. 2011)
Annotate this CasePetitioner entered the U.S. from Mexico as a three-year-old and grew up in Los Angeles. In 2001 he was arrested for importation and sale of a significant amount of cocaine; while on bail, he was twice arrested for driving on a suspended or revoked license. In 2002, he consented to a search of his car that turned up cocaine. Before petitioner could complete his sentence on the importation and sale conviction, he was removed to Mexico in 2004. He returned to Los Angeles without authorization, primarily to take care of his daughters. Following another traffic stop, he was deported and again returned unlawfully. He was arrested for possession of cocaine in 2009. Though that charge was dismissed, petitioner admits that he used cocaine that day. He pled guilty to illegal reentry (8 U.S.C. 1326(a)). The district court rejected arguments for a lighter sentence than the guidelines range of 46-57 months and the Seventh Circuit affirmed. Based on petitioner's risk of recidivism, the court acted within its discretion in declining to consider his cultural assimilation and the absence of a "fast track" program that would have given him the opportunity to receive a lighter sentence in exchange for waiving certain rights.
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