United States v. Tovar-Pina, No. 12-1965 (7th Cir. 2013)
Annotate this CaseDefendant, a Mexican native, first entered the U.S. illegally before June 1988. He was convicted of receiving stolen property, auto theft, attempting to pass a fraudulent check, selling cocaine, and forgeries, and was deported in 1992. In 1994, he burglarized Nebraska construction companies. He was deported again in 1999. By 2005, defendant had returned and was convicted of burglarizing companies, stealing payroll checks, and fraudulently cashing checks. He was deported for the third time in 2008. In 2010 defendant stole blank checks from Illinois and Iowa businesses. Three banks cashed checks, losing more than $42,000. Defendant was charged with unlawful reentry, 8 U.S.C. 1326(a) and 1326(b)(2); bank fraud, 18 U.S.C. 1344; conspiracy to utter forged securities, 18 U.S.C. 371; and uttering forged securities, 18 U.S.C. 513(a). Defendant pleaded guilty unlawful reentry and to three bank fraud counts,. The district court sentenced him to a total of 84 months’ imprisonment, followed by 36 months of supervised release. The Seventh Circuit vacated the sentence. Neither party objected to the sentencing reports at the time, but both agree that the sentence was based on an improper U.S. Sentencing Guidelines range and that the error affected defendant’s substantial rights.
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