United States v. Jose Carrillo-Hibara
17-12259
| 11th Cir. | Dec 5, 2017Background
- Defendant Jose Carrillo-Hibara pleaded guilty to illegal re-entry after removal in violation of 8 U.S.C. §§ 1326(a) and (b)(2).
- District court applied U.S.S.G. § 2L1.2: base offense level 8, +10 levels for prior felony drug conviction, -3 levels for acceptance of responsibility, total offense level 15.
- Criminal history category III based on two prior state heroin-sale convictions (2002, 2004); advisory guideline range 24–30 months.
- District court sentenced at the low end of the guideline range to 24 months after explicitly weighing the § 3553(a) factors.
- Court emphasized defendant’s repeated removals (at least seven), prior drug-sale convictions, and recent arrest for methamphetamine possession as evidence of recidivism and drug-market involvement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantive reasonableness of 24-month sentence | Sentence is substantively unreasonable given family ties and need to support family and disabled sons | 24-month sentence is appropriate based on criminal history, recidivism, and drug-related conduct | Affirmed: sentence is not substantively unreasonable |
| Whether district court properly weighed § 3553(a) factors | Court should have varied downward to 12 months + 1 day to permit family support | District court considered family circumstances but gave greater weight to recidivism and drug conduct | Affirmed: district court reasonably weighed factors and need not vary downward |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (establishes abuse-of-discretion review for sentencing reasonableness)
- United States v. Tome, 611 F.3d 1371 (11th Cir. 2010) (defendant bears burden to show sentence unreasonable under § 3553(a))
- United States v. Osorio-Moreno, 814 F.3d 1282 (11th Cir. 2016) (defines when district court abuses discretion in weighing sentencing factors)
- United States v. Pugh, 515 F.3d 1179 (11th Cir. 2008) (requires district court to consider all § 3553(a) factors)
- United States v. Martinez-Gonzalez, 663 F.3d 1305 (11th Cir. 2011) (upholds similar 24-month sentence where criminal history suggested propensity to recidivate)