United States v. Garcia-Carrillo
2014 U.S. App. LEXIS 7014
5th Cir.2014Background
- Garcia-Carrillo pled guilty to illegal reentry after deportation and was sentenced to 89 months.
- The Government declined to move for a one-level reduction under USSG § 3E1.1(b) because Garcia-Carrillo did not waive appellate rights.
- PSR calculated total offense level 22 (base 8, +16 for prior conviction, −2 for acceptance of responsibility).
- District court adopted PSR and imposed a within-guidelines sentence of 89 months, in a 84–105 month range.
- Amendment 775 added note six to § 3E1.1, instructing prosecutors not to withhold the reduction based on appeal waiver.
- Garcia-Carrillo appeals, arguing remand for resentencing is appropriate in light of the amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Amendment 775 affects direct appeal timing | Garcia-Carrillo argues remand for resentencing is required. | Garcia-Carrillo contends the amendment should be applied on direct appeal. | Plain error review; amendment not retroactively applied on direct appeal, no remand required. |
| Whether the government’s withholding of the 1-level reduction was plain error | Garcia-Carrillo asserts improper withholding due to appellate-right waiver. | Garcia-Carrillo failed to object; prior law allowed withholding. | Not plain error; ranges overlapped and no substantial rights likely affected. |
| Whether remand for resentencing is appropriate under Godin | Existence of amendment might influence district court sentence. | Godin remand is inappropriate; not a plain error. | Declined to follow Godin; no remand for resentencing. |
Key Cases Cited
- Johnson v. United States, 520 U.S. 461 (U.S. 1997) (plain error standard when no objection at trial despite unsettled law)
- Newson, 515 F.3d 374 (5th Cir. 2008) (addressed sentencing guideline amendments post-trial)
- Mudekunye, 646 F.3d 281 (5th Cir. 2011) (overlap of correct/incorrect ranges and sentencing impact)
- Blocker, 612 F.3d 413 (5th Cir. 2010) (reluctance to find substantial rights in overlapping ranges)
- Godin, 522 F.3d 133 (1st Cir. 2008) (remand for post-sentencing amendment; treated as outlier by court)
- Alexander, 553 F.3d 591 (7th Cir. 2009) (participates in circuit-level debates on post-sentencing amendments)
- U.S. v. Henderson, 133 S. Ct. 1121 (Supreme Court 2013) (clarifies standards related to plain error and appellate review)