United States v. Corona-Gonzalez
2010 U.S. App. LEXIS 24577
| 7th Cir. | 2010Background
- Corona-Gonzalez was convicted by a jury of 3 counts: drug offenses (counts I-II) and a firearms count (count III).
- The district court sentenced him to 240 months on counts I-II, 60 months on count III, to run consecutive, total 300 months, plus 5 years supervised release.
- PSR showed defendant entered U.S. with family in 1998; his visa expired and he remained illegally; prior deportation of his father noted in PSR but not necessarily to defendant.
- During sentencing, the court repeatedly described a prior removal and reentry by Corona-Gonzalez as a basis for punishment, without record support.
- Defendant did not object to the court’s statements at sentencing, but the government and defense later acknowledged the record lacked any removal/reentry for drug trafficking.
- On appeal, the Seventh Circuit held the district court committed plain error by relying on an unsupported fact and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did misapplication of a fact support plain error in sentencing? | Corona-Gonzalez argues misapprehension about removal/reentry affected sentence. | Corona-Gonzalez contends the district court relied on erroneous facts; remand needed. | Yes; plain error affects substantial rights and fairness; remand for reassessment. |
| Whether remand for reassessment without reopening other aspects is appropriate? | Remand to correct misapprehension suffices. | Only the misapprehension should be fixed; other sentencing facts remain. | Remand granted to reassess sentence free of misapprehension; other aspects unchanged. |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (plain error standard for sentencing)
- Olano v. United States, 507 U.S. 725 (U.S. 1993) (plain error framework)
- United States v. Flores-Sandoval, 94 F.3d 346 (1st Cir. 1996) (misapprehension of facts affecting sentencing)
- Rizzo v. United States, 821 F.2d 1271 (7th Cir. 1987) (unreasonable reliance on improper factors)
- González-Castillo, 562 F.3d 80 (1st Cir. 2009) (deterrence as a salient factor under misapprehension)
- Wilson, 614 F.3d 219 (6th Cir. 2010) (mischaracterization of offense can influence sentence)
- Kovic v. United States, 830 F.2d 680 (7th Cir. 1987) (due process right to reliable information in sentencing)
- Tucker, 404 U.S. 443 (U.S. 1972) (due process requirements in sentencing)