USA v. Jose Martinez-Santana, No. 11-1213 (7th Cir. 2011)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 21, 2011.
Download PDF
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted October 13, 2011 Decided October 21, 2011 Before JOHN L. COFFEY, Circuit Judge JOEL M. FLAUM, Circuit Judge DANIEL A. MANION, Circuit Judge No. 11 1213 UNITED STATES OF AMERICA, Plaintiff Appellee, Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. v. No. 10 CR 00122 JOSE MARTINEZ SANTANA a/k/a Jose Rodriguez, Defendant Appellant. Samuel Der Yeghiayan, Judge. O R D E R Jose Martinez Santana, a citizen of Mexico, was convicted in 1998 of robbery and sexual battery and removed to his home country. In 2004 he was found by a federal agent in California and was removed again. He returned a third time and was discovered by federal officers in Chicago in 2010. He pleaded guilty to unauthorized presence in the United States after removal. See 8 U.S.C. § 1326(a). Based on a total offense level of 21 and a criminal history category of IV, the district court calculated a guidelines imprisonment range of 57 to 71 months and sentenced Martinez Santana to the low end of that range. Martinez Santana filed a notice of appeal, but his appointed attorney has moved to withdraw on the ground that all potential appellate claims are frivolous. See Anders v. California, 386 U.S. 738 (1967). Martinez Santana has not responded to his lawyer s No. 11 1213 Page 2 submission. See CIR. R. 51(b). He did inform counsel, however, that he does not want his guilty plea set aside, so counsel properly forgoes discussion of the voluntariness of the plea or the district court s compliance with Federal Rule of Criminal Procedure 11. See United States v. Knox, 287 F.3d 667, 671 (7th Cir. 2002). We limit our review to the potential issue identified in counsel s facially adequate brief. See United States v. Aslan, 644 F.3d 526, 531 (7th Cir. 2011). Counsel discusses only one potential issue: whether Martinez Santana could challenge his prison sentence as unreasonably high. A sentence within the guidelines range is presumptively reasonable, Rita v. United States, 551 U.S. 338, 347 (2007); United States v. Williams, 436 F.3d 767, 768 (7th Cir. 2006). Counsel has not identified any ground to rebut this presumption, nor can we. The district court discussed how the factors in 18 U.S.C. § 3553(a) apply to Martinez Santana. The court addressed factors offered in mitigation, including his alcoholism, his participation in Alcoholics Anonymous, and the potential for disparity caused by the lack of a fast track program in the Northern District of Illinois. But the court concluded that a sentence within the guidelines range was necessary in light of Martinez Santana s criminal history and the need to deter those who repeatedly break the law. Because the court adequately explained its sentencing decision, we agree with counsel that a reasonableness challenge would be frivolous. Accordingly, we GRANT counsel s motion to withdraw and DISMISS the appeal.
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.
