United States v Garcia, No. 20-3335 (7th Cir. 2022)
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After multiple sales of methamphetamine and of a weapon to a confidential informant, Garcia was charged with three counts of distributing 50 grams or more of methamphetamine, 21 U.S.C. 841(a)(1); two counts of distributing five grams or more of methamphetamine; and being a felon in possession of a firearm, 18 U.S.C. 922(g)(1) and 924(e). Garcia argued entrapment. He was convicted on all counts. The PSR set Garcia’s offense level at 35, with a resulting Guidelines range of 292-365 months, and noted that Garcia was subject to a 15-year mandatory minimum sentence on the firearm count based on three previous convictions for violent felonies.
The Seventh Circuit vacated Garcia's 210-month sentence but affirmed his convictions. There was ample evidence that Garcia was not induced but was otherwise predisposed to engage in the illegal transactions. The court rejected an argument that the district court committed plain error in subjecting him to a mandatory minimum sentence because the PSR did not identify the statute attendant to Garcia’s conviction for aggravated battery with a firearm. The PSR, supported by documentation, identifies Garcia’s crime of conviction as aggravated battery with a firearm under Illinois law, which is a crime of violence.
The district court committed plain error in using his 1993 aggravated battery with a firearm conviction when calculating his offense level; the district court should not have increased the offense level based on prior convictions for which no criminal history points were awarded.
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