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Criminal Law Keyed to Osler
United States v. Sanchez-Lopez
Citation:
858 F.3d 1064 (7th Cir. 2017)Facts
Defendant was found stealing from a Home Depot, and officers realized that the defendant was back in the country after being deported. He had a history of crime including 4 DUIs, 1 hit-and-run, and 3 driving without a license. He was also convicted of battery and assaulting a 11 year old child, along with criminal escape. He was deported in November 2011 after serving time in prison. Defendant told officers he reentered in 2013 to help his common-law wife recover as she was very sick. He was convicted of no crimes between then and the Home Depot theft in 2016, from which no charges were filed.
There was confusion on what level the defendant’s sentencing guidelines should be at because there was not clarity on when he re-entered which would change whether the assault was within the consideration period or not. The conservative end of the sentencing guideline was 15-21 months of imprisonment and was agreed to by the government. The other guideline which included the assault would have been 21-27 months. Judge sentenced him to 24 months. Defendant appealed his sentence outside of the guideline range suggested, the 15-21 month which the government agreed to.
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