639 F.3d 380 (7th Cir. 2011), 10-2748, United States v. Garcia-Oliveros

Docket Nº:10-2748.
Citation:639 F.3d 380
Opinion Judge:PER CURIAM.
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Efrain GARCIA-OLIVEROS, a/k/a Miguel Angel Oliveros-Leon, Defendant-Appellant.
Attorney:Debra Riggs Bonamici (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee. Pablo DeCastro (argued), Attorney, Rascia & DeCastro, Chicago, IL, for Defendant-Appellant.
Judge Panel:Before KANNE, ROVNER, and WOOD, Circuit Judges.
Case Date:April 29, 2011
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 380

639 F.3d 380 (7th Cir. 2011)

UNITED STATES of America, Plaintiff-Appellee,

v.

Efrain GARCIA-OLIVEROS, a/k/a Miguel Angel Oliveros-Leon, Defendant-Appellant.

No. 10-2748.

United States Court of Appeals, Seventh Circuit.

April 29, 2011

Argued March 1, 2011.

Debra Riggs Bonamici (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Pablo DeCastro (argued), Attorney, Rascia & DeCastro, Chicago, IL, for Defendant-Appellant.

Before KANNE, ROVNER, and WOOD, Circuit Judges.

PER CURIAM.

Efrain-Garcia Oliveros pleaded guilty to being in the United States without authorization after removal, 8 U.S.C. § 1326(a). In a written submission and at sentencing, he requested a prison term below the guidelines range on the grounds that his criminal history category is overstated,

Page 381

and that his reasons for returning to this country mitigate his illegal reentry. The district court sentenced Garcia-Oliveros to 46 months in prison, the bottom of the guidelines range, but did not comment on his arguments in mitigation or give any explanation for the choice of sentence. On appeal Garcia-Oliveros principally argues, and the government concedes, that the district court needed to say more to explain its sentence. Accordingly, we remand for resentencing.

Garcia-Oliveros first entered the United States illegally in 1996 or 1997, when he was 18. He followed his parents, who came earlier and settled in Cary, Illinois. In 2004 he was convicted of driving under the influence (as well as obstruction of justice for lying to police about his identity). While on bond for that offense, Garcia-Oliveros was arrested for selling about 10 grams of cocaine to an undercover police officer. He pleaded guilty to delivery of a controlled substance, a felony, and was sentenced to 42 months' imprisonment. He was paroled after a little more than a year and removed to Mexico in November 2005.

In late 2009 federal agents learned from an informant that Garcia-Oliveros had returned to the United States and was living with his parents. On December 6, 2009, immigration authorities arrested him at the car wash where he was employed. That same day agents executed a search warrant at his parents' home, where they found a rusted but functional assault rifle in the garage, and a magazine and ammunition for the gun in Garcia-Oliveros's...

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