State v. Cerritos-Valdez
295 Neb. 563
| Neb. | 2017Background
- Defendant Jose D. Cerritos-Valdez was stopped after driving over the centerline; officers found cocaine and his breath alcohol was .203 g/210L. He pled guilty to attempted possession of a controlled substance and DUI (.15 or over).
- Presentence investigation (PSI) reported he is undocumented, lacks a valid SSN or driver’s license, has difficulty obtaining permanent employment, and has prior arrests/convictions including illegal entry and driving-related offenses.
- Defense requested probation; the State waived sentencing comment. The PSI suggested probation conditions if the court deemed him suitable.
- The district court denied probation, stating undocumented status made supervision and compliance with probation conditions (e.g., obeying laws) difficult, and also cited the PSI and concerns about recidivism and seriousness of the offenses.
- Court sentenced him to consecutive jail terms (200 days for attempted possession; 30 days for DUI), fined and revoked driving privileges; he appealed claiming denial of probation was based solely on immigration status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denying probation based solely on undocumented status was error | Denial rested solely on his undocumented status, an irrelevant factor | Court argues it relied on multiple relevant sentencing factors (PSI, criminal history, risk of reoffense, employment inability) | A defendant's undocumented status cannot be the sole basis to deny probation, but may be one relevant factor; here court relied on multiple permissible factors, so no abuse of discretion |
Key Cases Cited
- State v. Alford, 278 Neb. 818 (discussing factors sentencing courts should consider)
- State v. Bauldwin, 283 Neb. 678 (sentencing standards and review for abuse of discretion)
- State v. Wills, 285 Neb. 260 (sentencing factors and discretion)
- State v. Raatz, 294 Neb. 852 (deference to sentencing court’s observations and factual findings)
- U.S. v. Meza-Lopez, 808 F.3d 743 (Eighth Circuit discussion of considering immigration status in sentencing)