United States v. Castro-Alvarado, No. 13-3765 (7th Cir. 2014)Annotate this Case
Castro, a citizen of Mexico, entered the U.S. without inspection when he was 14 years old. He was convicted of 11 offenses while he was in the U.S. between 1979 and 2001, six times for drug trafficking-related offenses. He was convicted twice of illegal entry. Castro was removed in 1980, 1981, 1984, 1989, 1990, 1994, 1997 and 1998. He reentered illegally after his last removal and has used 23 identities in encounters with law enforcement. In 2013, he was found as part of a Fugitive Operations program that uses public records to locate illegal aliens. He pleaded guilty to illegal reentry, 8 U.S.C. 1326(a). A probation officer assigned a base offense level of 8 and a 16-level enhancement under Guideline 2L1.2(b)(1)(A), because Castro had been convicted of a drug trafficking offense for which the sentence imposed exceeded 13 months’ imprisonment. He had 13 criminal history points, placing him in category VI. His advisory sentencing range was 77–96 months’ imprisonment. Castro argued that his criminal history occurred many years ago and that he had rehabilitated himself, as demonstrated by his family circumstances and work history. The court imposed a 77-month sentence. The Seventh Circuit affirmed, rejecting arguments that the district court erred by not expressly addressing his “fast-track disparity” argument at sentencing and that his sentence was substantively unreasonable in light of his proffered mitigation factors.