United States v. Sanchez-Lopez

Sanchez-Lopez pleaded guilty to unauthorized presence in the U.S. after removal, 8 U.S.C. 1326(a), and was sentenced to 24 months’ imprisonment—90 days above the guidelines range. The district court stated that, in an effort to deter future illegal reentry, it was sentencing him to a lengthier term than the sentence he had served the last time he was convicted of the same offense. Sanchez-Lopez had a long history of criminal activity in and removal from the U.S., dating back to his first entry in 1994 and including convictions for DUI, hit-and-run, driving with a suspended license, battery, sexually assaulting an 11-year-old child, and criminal escape. He claimed that his wife’s illness and need for care prompted his latest return. The Seventh Circuit affirmed the sentence. The district court thoughtfully considered Sanchez-Lopez’s personal characteristics, including that he had not committed “serious offenses” since reentering, his reason for returning, and the danger posed to society by his many drunk driving arrests. The court focused on one particular concern in fashioning an appropriate sentence—the need to deter Sanchez-Lopez from continuing to enter the country illegally. That decision was proper; 18 U.S.C. 3553(a)(2)(B) specifically instructs courts to consider the need “to afford adequate deterrence to criminal conduct.” View "United States v. Sanchez-Lopez" on Justia Law