United States v. Elodio-Benitez
2012 U.S. App. LEXIS 4472
| 8th Cir. | 2012Background
- Elodio-Benitez, a Mexican citizen, entered the U.S. illegally as a teen and later obtained LPR status in 1998.
- He was deported after a terroristic threats conviction and repeatedly reentered illegally, committing several offenses over years.
- His latest reentry led to a 48-month sentence for illegal reentry and a concurrent 21-month revocation sentence for violation while on supervised release.
- The district court varied downward from the advisory range to 48 months, citing overstated criminal history and ties to the U.S., but noted seven prior deportations mattered.
- Elodio-Benitez argued the court failed to adequately weigh mitigating factors in his background and requested a greater downward variance.
- On appeal, the Eighth Circuit applied deferential review and affirmed the sentence as reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused discretion in varying downward to 48 months. | Elodio-Benitez argues mitigating factors were undervalued. | Elodio-Benitez contends more downward variance was warranted. | No abuse of discretion; sentence affirmed as reasonable. |
Key Cases Cited
- United States v. Feemster, 572 F.3d 455 (8th Cir. 2009) (deferential reasonableness review; broad discretion in § 3553(a) weighting)
- United States v. Borromeo, 657 F.3d 754 (8th Cir. 2011) (district court latitude in weighing factors; variance within reason)
- United States v. Mejia-Perez, 635 F.3d 351 (8th Cir. 2011) (contempt for immigration laws supports punishment; downward variance acknowledged)
- United States v. Moore, 581 F.3d 681 (8th Cir. 2009) (below-range sentencing largely immunizes against further downward variance)
- United States v. Jimenez-Perez, 659 F.3d 704 (8th Cir. 2011) (absence of fast-track program not grounds for departure; limits on consideration for variance)