United States v. Zacahua, No. 16-4046 (7th Cir. 2019)Annotate this Case
Zacahua, a citizen of Mexico, lived as an unauthorized alien in the U.S. for over 20 years. Although he was employed by a Hilton hotel, Zacahua also transported heroin. Zacahua and codefendants were indicted for conspiracy to distribute heroin. During Zacahua’s bond hearing, the government invoked Zacahua’s immigration status to argue that he was a serious flight risk because he faced the likelihood of removal. The court held a Federal Rule of Criminal Procedure 11 hearing, advised Zacahua that he faced a 120-month mandatory minimum sentence, and informed Zacahua of his rights and the potential consequences of a felony conviction. The court never told Zacahua that he might be removed from the U.S. and denied future admission as a consequence of his guilty plea, as Rule 11(b)(1)(O) requires. During an interview with a Probation Officer, Zacahua acknowledged his unauthorized status and that he faced deportation. He expressed hopes of working at a Hilton hotel in Mexico and of caring for his ailing parents. At his subsequent sentencing hearing, the court acknowledged the likelihood of deportation and discussed Zacahua’s employment prospects in Mexico. Zacahua spoke of returning to Mexico as quickly as possible. The court sentenced him to the mandatory minimum: 120 months. The Seventh Circuit rejected his attempt to withdraw his plea based on the Rule 11 violation. Zacahua does not demonstrate a reasonable probability that, had the court provided the warning, he would not have pleaded guilty.