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United States v. Sanchez-Lopez
United States Court of Appeals for the Seventh Circuit
858 F.3d 1064 (2017)
Jesus Sanchez-Lopez (defendant), a Mexican citizen, pleaded guilty to the federal government's (plaintiff) charge that his presence in the United States violated 8 U.S.C. § 1326(a). The federal probation officer reported that Sanchez-Lopez had a long record of reentering the country illegally and committing violent crimes on American soil. Following Sanchez-Lopez's last § 1326(a) conviction, he had served 18 months in prison. The maximum penalty recommended by the United States Sentencing Guidelines for Sanchez-Lopez's crime was 21 months' imprisonment, but the judge sentenced Sanchez-Lopez to 24 months in prison. In imposing the sentence, the judge explained that he gave full and careful consideration to factors that weighed in Sanchez-Lopez's favor. The judge further explained that, nevertheless, he decided to impose a penalty above the recommended sentencing range because previous in-range penalties had failed to deter Sanchez-Lopez from repeating his pattern of illegal reentry. The judge expressed the hope that, this time, a sentence slightly in excess of what the guidelines recommended would provide an adequate deterrent and achieve other beneficial goals such as protecting the community from Sanchez-Lopez's propensity for violence. Sanchez-Lopez appealed his sentence to the Seventh Circuit Court of Appeals.
Rule of Law
Holding and Reasoning (Per curiam)
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