United States v. David Garcia-Ugarte
2012 U.S. App. LEXIS 15521
7th Cir.2012Background
- Garcia-Ugarte, a Mexican citizen, entered the U.S. illegally in 1990 and was later deported after multiple crimes.
- While serving a state sentence for attempted aggravated kidnapping (2009–2011), immigration authorities arrested him; federal indictment followed.
- He pleaded guilty to illegal reentry under 8 U.S.C. § 1326(a) on January 5, 2011.
- At sentencing, the district court applied a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A), with a total offense level of 21 and criminal history category IV.
- The resulting guideline range was 57 to 71 months; Garcia-Ugarte challenged credit for time served, fast-track considerations, and the 16-level enhancement.
- The Seventh Circuit affirmed, holding the sentence reasonable and within the guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for time served | Garcia-Ugarte sought time-served credit under § 5G1.3(c). | He argued concurrent sentence credit should be given due to state and federal timing delays. | District court did not abuse discretion; no credit given. |
| Fast-track consideration | Northern District’s lack of a fast-track program warrants a fast-track-type sentence reduction. | Absence of fast-track should influence sentence; lack of program entitles less severe sentence. | Court properly considered fast-track authority and found no basis for reduction. |
| Sixteen-level enhancement under § 2L1.2(b)(1)(A)(i) | Enhancement unnecessary because no weapon involved and prior drug conviction not a qualifying factor. | Prior drug-trafficking felony qualifies the enhancement under § 2L1.2(b)(1)(A)(i). | Enhancement applied; within Guidelines and reasonable. |
Key Cases Cited
- Sandoval, 668 F.3d 865 (7th Cir. 2011) (abuse-of-discretion standard for reasonableness in sentencing)
- Gall v. United States, 552 U.S. 38 (Supreme Court 2007) (reasonableness review for within-Guidelines sentences)
- Rita v. United States, 551 U.S. 338 (Supreme Court 2007) (presumptive reasonableness of Guideliness-based sentences)
- Hurn v. United States, 496 F.3d 784 (7th Cir. 2007) (citing deference to district court in sentencing within guidelines)
- Reyes-Hernandez, 624 F.3d 405 (7th Cir. 2010) (fast-track program considerations in sentencing)
- Lua-Guizar, 656 F.3d 563 (7th Cir. 2011) (authorities on fast-track considerations and sentencing discretion)