United States v. Luis Marin-Castano
2012 U.S. App. LEXIS 16669
| 7th Cir. | 2012Background
- Marin-Castano, a Colombian citizen, entered the U.S. illegally in 1982 and was previously convicted in 1985 under 21 U.S.C. §§ 846, 841(a)(1) and deported in 1987.
- He reentered the U.S. about five years later, was arrested for DUI in Illinois in 2010, and was indicted for illegal reentry under 8 U.S.C. § 1326(a) and 6 U.S.C. § 202(4).
- He pled guilty and the district court, applying the Guidelines, assigned criminal history category 3 and offense level 21 after a 16-level § 2L1.2(b)(1)(A) enhancement, yielding a range of 46–57 months.
- The district court sentenced Marin-Castano to 46 months at the low end of the Guidelines range, and the government and Marin-Castano did not object to the calculation.
- On appeal, Marin-Castano argued procedural error for not addressing his stale-conviction and § 3553(a) arguments, and that the sentence was substantively unreasonable.
- The Seventh Circuit affirmed the district court’s judgment, upholding the within-Guidelines sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly addressed § 3553(a) arguments | Marin-Castano argued the court failed to address his stale conviction and its impact | Marin-Castano contends the court ignored his § 3553(a) considerations | No procedural error; court addressed principal arguments and explained weighing of factors |
| Whether the sentence was procedurally reasonable within Guidelines | Marin-Castano claimed the 16-level enhancement overstated seriousness | The district court adequately weighed deterrence and seriousness | Procedurally reasonable; court explained consideration of factors and adherence to Guidelines |
| Whether the sentence was substantively reasonable under § 3553(a) | Marin-Castano asserted age of prior conviction warranted below-Guidelines sentence | Court found age and rehabilitation did not justify below-Guidelines sentenced | Substantively reasonable; within-Guidelines sentence affirmed |
Key Cases Cited
- U.S. v. Miranda, 505 F.3d 785 (7th Cir. 2007) (addressing failure to address § 3553(a) arguments in sentencing)
- U.S. v. Robertson, 662 F.3d 871 (7th Cir. 2011) (failure to acknowledge nonfrivolous rehabilitation evidence)
- Gall v. United States, 552 U.S. 38 (Sup. Ct. 2007) (presumption of reasonableness for within-Guidelines sentences)
- Rita v. United States, 551 U.S. 338 (Sup. Ct. 2007) (within-Guidelines sentences carry a presumption of reasonableness)
- U.S. v. Curby, 595 F.3d 794 (7th Cir. 2010) (context-dependent explanation required for sentencing decisions)
- U.S. v. Harris, 567 F.3d 846 (7th Cir. 2009) (explains explanation adequacy in sentencing)