United States v. Giraldo Trujillo-Cas
2012 U.S. App. LEXIS 16915
| 7th Cir. | 2012Background
- Trujillo-Castillon pleaded guilty to conspiracy to use unauthorized accounts and aggravated identity theft; other counts were dismissed.
- The indictment alleged fraudulently using credit and gift card accounts totaling $139,063.23 in violations of 18 U.S.C. §§ 1029(a)(2) and (3) and 1029(b)(2).
- PSR: born in Cuba, fled to the U.S. at 17; offense level 16, criminal history category IV; guideline range for conspiracy 33–41 months; mandatory 24-month term for identity theft.
- At sentencing, government urged up to the top of the guideline range, suggesting possible Cuban heritage influenced his attitude toward property.
- Defense urged mitigating factors, including lesser participation and the PSR’s treatment of his criminal history; requested 33 months.
- The court varied upward above the guideline range, citing extensive criminal history and lesser participation, and compared his conduct to Mariel-era Cuba; sentenced to 48 months plus a 24-month consecutive term.
- Appeal challenges: (a) failure to properly weigh mitigating evidence; (b) Cuban heritage affected sentencing; this latter issue leads to remand for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was mitigating evidence adequately considered? | Trujillo-Castillon claimed mitigation was ignored. | State should have given weight to lesser participation and limited criminal history impact. | No error; court acknowledged mitigation but weighed it against history. |
| Did Cuban heritage improperly influence sentencing? | Heritage was used to justify harsher sentence. | No improper consideration; court properly weighed § 3553(a) factors. | Remand required to ensure heritage did not factor into sentencing; possible impermissible consideration. |
Key Cases Cited
- United States v. Vallar, 635 F.3d 271 (7th Cir. 2011) (standard of review for procedural sentencing errors; § 3553(a) factors)
- United States v. Coopman, 602 F.3d 814 (7th Cir. 2010) (requirement to address non-frivolous sentencing challenges with reasonable justification)
- Rita v. United States, 551 U.S. 338 (2007) (presumption of reasonableness for within- or below-guideline sentences)
- United States v. Wallace, 531 F.3d 504 (7th Cir. 2008) (reasonableness of below-guideline sentences)
- United States v. Reyes-Hernandez, 624 F.3d 405 (7th Cir. 2010) (nothing prevents courts from considering but not upholding above-guideline sentences)
- United States v. De La Cruz, 870 F.2d 1192 (7th Cir. 1989) (remand when national-origin remarks could influence sentence)
- United States v. Guzman, 236 F.3d 830 (7th Cir. 2001) (vacated sentence where cultural heritage improperly affected the sentence)
- United States v. Leung, 40 F.3d 577 (2d Cir. 1994) (remand when ethnicity appears to influence sentencing)
- United States v. Onwuemene, 933 F.2d 650 (8th Cir. 1991) (remand when district court's basis for sentence is unclear regarding § 3553(a) factors)
- Pepper v. United States, 131 S. Ct. 1229 (U.S. 2011) (constitutional constraints on sentencing discretion)