590 F.3d 538 (7th Cir. 2010), 08-3863, United States v. Carrillo-Esparza

Docket Nº:08-3863.
Citation:590 F.3d 538
Opinion Judge:PER CURIAM.
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Uriel CARRILLO-ESPARZA, Defendant-Appellant.
Attorney:Kaarina Salovaara (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee. Andrew J. McGowan (argued), Richard H. Parsons, Office of The Federal Public Defender, Peoria, IL, for Defendant-Appellant.
Judge Panel:Before RIPPLE, MANION, and KANNE, Circuit Judges.
Case Date:January 05, 2010
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 538

590 F.3d 538 (7th Cir. 2010)

UNITED STATES of America, Plaintiff-Appellee,

v.

Uriel CARRILLO-ESPARZA, Defendant-Appellant.

No. 08-3863.

United States Court of Appeals, Seventh Circuit.

January 5, 2010

Argued Oct. 15, 2009.

Page 539

Kaarina Salovaara (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Andrew J. McGowan (argued), Richard H. Parsons, Office of The Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Before RIPPLE, MANION, and KANNE, Circuit Judges.

PER CURIAM.

Uriel Carrillo-Esparza, who had twice previously been convicted for aggravated felonies and deported to Mexico, pleaded guilty to illegally re-entering the United States. See 8 U.S.C. § 1326(a)-(b)(2). The district court sentenced him to 90 months' imprisonment. Carrillo-Esparza argues that the court erred by failing to consider his contention that the time remaining on his sentence for state offenses supported a reduced sentence. Because the district court implicitly considered and rejected Carrillo-Esparza's argument and properly considered the sentencing factors in 18 U.S.C. § 3553(a), we affirm.

Background

Though not a legal resident of the United States, Carrillo-Esparza has lived in the Chicago area since the age of one-except for the times he has been incarcerated or deported to Mexico. He was first deported in 1994, following his state conviction in 1993 for attempted first-degree murder. He re-entered the United States illegally in either 1994 or 1995. In 1996 he pleaded guilty in federal court to a charge of illegal re-entry, and later that year he was convicted of burglary in state court. After serving his federal and state sentences concurrently, he was deported in 1999. Carrillo-Esparza reentered the United States illegally again, presumably in 2002. He was convicted in state court in 2006 of driving under the influence and forgery (relating to an incident in 2003), fleeing and eluding police (relating to an incident in 2005), and residential burglary (relating to an incident in 2005).

Carrillo-Esparza pleaded guilty in 2008 to re-entering the United States illegally after his prior aggravated-felony convictions

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and subsequent deportations. See 8 U.S.C. § 1326(a)-(b)(2). At his sentencing hearing later that year, he questioned the effect of the 2006 state sentence, which was...

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